Qottoni Tojlhuma:

DIVERS

fCHOICE PIECES

OF THAT

Renowned Antiquary

Sir ^Robert Qorroi^>
Knight and Baronet.,

Prefer ved from the inju-
ry of Time, and Expos d

to public light, for the be
nefic of Pofterity,

By f. H. E%

LONDON

Printed by Francis Ltach, for Henry Seile
over again ft St. <Dunfians Church in
Fleeteftreet, i 6 5 i.

To his worthily Honou-
red Frend, Sir Ttybert Tye

Knight ; at his Houfe in
Wejlminfter.

SIR, r

He long intereft of Frendflrip ,
and neernes of Neighbourhood
Tbhich ga<ve you the opportunity
of conrverfing often with that
wortty Baronet 7who ^as Author
of the/e cnfuing Vifcourfes, induced me to this
Dedicate* j Jddrcfs. ^imoyxg the Greeks and
Romans ( vho were the t^o Luminaries that
firftdifufed the rayes of l\mwledg and CiYtlity
through the/e Northwest Clyrms,) He tons
put in the rank of the hft fas of Patriots, *jfo
prefer* J from putrefaSm & thtruftofTme,
the Memory and Works of Veraious Men , by
expofmg them to open light fQr thegemrail Good ■

The Epiftle Dedicatory.

Therfore 1 hope not to dejerve ill of my Country 5
that IbaVe publijbed to the World thefexhoice
mtions of that learned I\nigbt Sir Robert
Cotton, who for his exaH recerche^into Anti-
quky yhath made him/elf famous to 'Pofterity.

Plutark in writing the lifes of Othersymade
his own elnrlafling ; So an Antiquary while
he feels the pulfe o/Tormer vtges and makes
than known to the prefent, render s HimfelJ long-
liVd to the future;

Iher was anotlxr inducement that movd me
to this choice of Dedication, and it was the high
refpeBs I olite you upon Jtmdry obligations, and
confequently the defire I had that both the pre-
fcnt, and after tunes miqht bear witn$s\ hoty
muh Jam, and was

Sir,

3. Nonas tsfpril. Your humble^and

1 6 5 j. truly devoted

Servant

James Howefi.

To

To the knowing Reader;

touching thefe following
Difcourfes, and their
AUTHOR1.

5B5j ^e memory of fom men is like
the Rofe^nd other odoriferous
flowers which caft a fweeter
and ftronger fmell after they
are pluck 'd 5 The memory of
Others may be laid to be like
the Poppie, and fuch Vegetalls that make a gay
and fpecious fhew while they ftand upon the
ftalk, but being cut and gatherd they have btx
anill-favord lent -5 This worthy Knight may
be compared to the firft fort , as well for the
fwcetodor (o{ a good name) he had while he
ftood3as alfo after he was cut down by the com-
mon ltroke of Mortality 3 Now, to augment
xhefragranci of his Venues and Memory5 thefe
following Difcourfes, which 1 may term , not
altogether improperly^ Tofieot fundrydiffring
F/<wm,are expofd to the World.
All who ever knew this well* weighed Knight,
A 3 will

To the Reader.

14. A brief D if cours concerning the Power of the
Peer; and Commons of Parlement yin point of
Judicature.

1 5 . Hcttefiyi Ambition a#d Forhtud jinztomi-
z>edbySir Francis Walfingham.

16 . The Life and Ratgn of Henry the Third \
compiled in a Critic 'aIL way^

Thefe Difcourfes, being judicioufly read,
will much tend to the enriching of
the underftanding 3 and improve-
ment of the Common ftock of
Knowledg.

A

mmmmmm

RELATION

OF THE

PROCEEDINGS

*A Cj A INS T

AMBASSADORS

Who have mifcaried*
thcmfelves, &c,

|N humble obedience to your
Grace's Command, I am
emboldned to prefent my
poor advice to this the grea-
teft , and mod: important
caufe that ever hapned in this State, the
Quiet of the Kingdom, the Honor of the
Prince, the Safety of the Spanifr AmbalTa-
dors perfon expofed hereby to the fury of
the People , all herein involved ; A con-
lideration not the leaft for the reputation
of the State, and Government, though he
little defervedit.
The information made to his facrecf"
B Majefty

2 A Relation o; the Proceedings

Majefty by him, That your Grace fhould
have plotted this Parliament ; Wherein if
his Majefty did not accord to your de- !
fignes, then by the Authority of this Par- |
Hament to confine his facred Perfon to
fome place of pleafure, and transfer the
Regaii power upon the Prince; This In-
formation ifit were made by a ! ubjed,by
the Lawes of the Realm were high Trea^
Ion, to breed a rupture between the ~ove-
raignty, and theNobilitv, either by Re-
ports or Writings, and by the Common
Law is adjudged no k ffe : The Author
yet knowing that by the reprefenting the
Perfon of a fover un he PHfta is by the law
of Nations exempt from Regall tryall all
anions of one fo qualified being made the
Act of his Matter ,untill he difavow ; And
injuries of one abfolute Prince to ano- i i
there's Fa Bum hofiilitatugni not 7 ? eafo*^ ' \
The immunity of whom Civilians collect i
as they doe the refr of their grounds frorn f
the praftife of the Rom&n State, deducing },
their Arguments from thefe Examples, ft
r'tfi/s livius The Fal>h Ambafladors from were I

i. Dee, turned fafe from the C hades with demand (,

of juftice againft themonely, although (
they had been taken bearing Amies with ; i\
the Ethrisrian ixhzvc Enemies : The Am- \
Liiius. baffadors of the Tardives , Morte ajjR* ! I

genios Romani non)udtcarunr^ & qnanquam k
vifi funt ut heft-itm loco effent^jus tamen \[
Gentium voIhU. And where thofc of h
Sjfhax had plotted the murther of %

niffa^ New aliud mihi faftum quam ejmd
fcelcrisfuireprehenji eftent^ faith ApfU&i
The AmbafTadors of the Proteftants at the
Counfeii of Trent though divulging there A ftai Trident
the Do&rine of the Churches, contrary to cm\lm
a Decree there enafted,a crime equivalent
to Trwjor?^ yet flood they protected from
any punifhment : So much doth public
conveniency prevail againft a particular
mifchief; That the State of Rome though
im cafe of the moftcapitall crime, exemp- ju^u^ je ^
ted the Tribune, of the people from que- pbusAntUfr
ftion,during the year of office; And the O- Roman,
viliant all confent, that Legis de Jure Gen-
tium inAH&um eft,& eorurn corpsra falza
finf ^Propter neccjjit&te legationis^ ac nec&n-
funAant juracomereij inter Prirtciif Si The v
redrefs of fuch injuries^by fuch perfons,the
example of Modern and bed times wil lead
us to. fivia the Popes Legate was rettrai- Be9ei^^ ;
md by He rrj the fecond, for exercifing a taHtn% '™V J
po verin his Realrn^ not admitted by the
King,in difquiet of the State, and forced to
fwear not to a A any thing in Prawdician
Regis vel Regni. Hm>$. did the like to one Rccor^j -n
of the Popes Embaffadors, another flying scaccar. mtti
the Realm lecretly fearing timens velli fui clauf. Edw.i*
as the Record faith . Edward 1 . fo retrai-
ning another untill he had, as his Progeni-
tors had, informed the Pope of the fault of
his Minifter, and received fattsfadion of
the wrongs. In the year 1 523. LeW&d* Umt
Pratt : AmbafTador for Charles 5. Was Paper Charr.

commanded to his houfe , for accufing « 5*i*
B t falrfy

A KeUtionoftbe Proceedings

falfly Cavdinall Wolfej to have pra&ized a
breach between Hen, 8. and his Matter ,to
make up the Amity with the French King;
Sir Michael Throgmorton by Charier the |
g. of France, was fo ferved, for being too
bufie with the Prince ofCovij in his tafti- I
on. Docker Man in the yeare i$6j,
was taken from his own houfe in Ma-
drilL and put under a Guard to a ftraiter
Lodging, for breeding a Scandall (as the
Conde Ten faid ) in ufing. by warrant of
his Place the Religion of his Countrey,al-
though he alleged the like permitted to
Ghufman de Silva their AmbafTador , and
to the Tnrk^ no leffe than in Spain, In the
year 1563. Don Ghuemon a* Efpes was or-
dered to keep his houfe in London, for fen-
ding fcandalous Letters to the Duke d9 Al-
va unfealed- The Bifhop of Rcjfe in the
year 1 5 7 1 .Was firft confined to his houfe,
after to the Tower , then committed for a
good fpace to the Bifhop of Ely his care v
for medling with morcbufinefs than be-
longed to the place of his imployment :
The like was done to Dr. Alpin & Malvi-
fett the French Ambaffadors fucceilively,
for being bufie in more than their Matters
affrires. In the time of Philip the fecond
of Spain , the Venetian Ambaffador in t1
Madrill, protecting an offendor that fled | 1
into his houfe, and denying the Heads or
Iuttices to enter his houfe , where the pi
Ambaffador flood armed to withttand j
them, and one Bodavario a Venetian 9w horn

they ■

tg&inft Am&JjJa civrs^ &

they committed to Prifon, for his unruly
carriage,and they removed the Ambaffa-
dor unto another houfe, untill they had
fearched and found the Offendor ; Then
conducting back the AmbafTador', fet a
guard upon his houfe, to flay the fury of
the people enraged, The AmbafTador
complaining to the King, he remitted it to
the fupreme Councell ; They juftified the
proceeding,condemning Bodavario to lofe
his head,& other the Ambaffadors fervants
to the Galleys, all which the King turned
to banifhment, fending the whole procefs
to I negode Mcrtdona his AmbafTador at
Venieey and declaring by a pubJic ordi-
nance unto that State, and all other Prin*
ccs, that in cafe his Ambaffadors fhould
commit any offence, unworthily, and dis-
agreeing to their profeflions, they fhould
not then enjoy the privilege of thofe offi-
cers, referring them to be judged by where
they then refided. Barnardino de Men-
doz,a for traducing falfly the Minifters of
the State to further his feditious plots,was
retrained firft, and after commanded a-
way in the year 1586. The laft ofty*.
nifij Inftruments that difquieted this State,
a benefit wee found many yeares after by
their abfence, and feel the want of it now
by their reduction.

Having thus fliortly touched upon fuch
precedent examples , as have fallen in the
way , in my poor obfervation , I hum-
bly crave pardon to offer up my fimpleo-
B 3 pinion

pinion whatcourfe may beft: be had of pro-
secution of this urgent caufe. I conceive
it not unfit , that with the beft of fpeed ,
fome of the chief Secretaries were fent to
the Ambaffador by way of advice , that
they understanding a notice of this infor-
mation amongft the common people , that
^hey cannot but conceive a jult rearc of un-
civill carriage towards bis Lordfhip or his
followers , if any the lead incitement
fhould arife ; and therefore for quiet of
the State, and fecurity of his p. rfon , they
were bound in love to his Lordftiip to cr-
flrain as well himfelf as followers untill a
further courfe be taken by legaii examina-
tion, where this afperfion begun, the way
they only conceived fecure to prevent the
danger ; this feare in likelyhood will be
the beft motive to induce the AmbafTador
to make difcovery of his intelligence, when
it (hall be required; I conceive it then molt
fit , that the rirce and your Grace to
morrow ihould complsine of this in Parli-
ament j and leaving it fo to their advice
and juftice , to depart the Houfe 3 the
Lords at the inftant to crave a conference
offomefmall number of the Commons,
and fo conclude or a meiTage to be fent to
the Ambaffador to require from him the
charge and proofs > the perfons to be fent
the two Speakers of the two Houfes , with
fome convenient company of either, to
have their Maces and enfigns of office born
before them to the Ambaffadors gate and

then

agaiafi Ambajjadorsy Q?c.

then forborne, to (hew raire refped to
the AmbafTadors , then to tell them that
a relation being made that day in open
TarlUment or the former information to
the King by his Lordfhip , they were de-
puted from both Houfes , the great Coun-
cell of the Kingdom , to the which, by the
fundamental! Law of the State , the cheif
care Oi the Kings fafety and public quiet is
committed , they were no lefs the high
Court of Iuftice , or cu c Jcdms to all o-
thers , for the examining and correcting
all attempts of fo high a nature as this , if
it carry trut.;;That they regarded the ho-
nor of the State, for the Catholiques, im-
moderate ufing of late the Lenitie of Sove-
raigne Grace to the fcandall and offence of
too many , and this afperfion now newly
reflecting upon the Promt and othcrs,mee-
ting with the former diftaft (which all in
publique conceive to make a plot to breed
a rupture between the King and State , by
that party malicioufly laid ) hath fo infla-
med and ftiarpned the minds of moft , that
by the accelTeof people to term and Pari,
the City more filled than ufuall , and the
time it felfe near ^ay day ( a time by cu-
ftome apted more to licentious liberty than
any other ) cannot but breed a juft jea-
lovfie and feare of lome diforder likely to
I en'ueofthis information, if it be not afore- 1
band taken up bv a faire legal tryall in that
1 igh Court: Neither want there fearfull j
€**mpk$ in this kind in the Ambafladors

8 A Relation of the proceedings

of Genoa upon & farre lefle ground in the
time of Parti o.mtnt ^ and his houfe demo-
lifhcd by fuch a feditious tumult : The
Parliament therefore , as well to fecure
his Lordfhips perfon, followers and friends
from fuch outrages , to preferve the honor
of the State which needs mult fuffer ble-
tnifh in fuch misfortunes , they were fent
thither to require a faire difcovery of the
ground that led his Lordfhip fo to informe
the King , that they might fo thereupon
provide in Iuftice and Honor ; and that
the reverence they bear unto the dignity
of his Matter, may appeare the more by
the mannerly carriage of his tMeflage-,
The two that are never imployed but to
the King alone , were at this time fent ,
and that if by negligence of this faire ac-
ceptance, there (hould happen out any
fuch difafter and danger , the world and
they muft juftly judge as his own fault : if
upon the delivery of this meflage the Am-
baflfador (hall tell his charge, and difcover
his intelligence , then there will be a plain
ground for the Parliament to proceed in
Examination and Iudgment; Bat if ( as I
believe ) he will refufe it , then is he Au-
thor Scandal* both by the Common and
Civill Lawes of this Realm , and the Par-
liamtnt may adjudge it falfe and untrue ,
and declare by a public Ad, the Prince
and your Grace innocent , as was that of
theZ>#£*of Gloucester 2 Rich. 2. and of
Jor'^e in Henrj the fixt his time , then may

the Parliament joyntly become Petitio-
ners to his Majefty, firft to confine his
AmbafTadorto his houfe, retraining his
departure , until! his Majefty be acquain-
ted with his offence , and aiwell for fecu-
rity as for further pfa&ize to put a guard
upon the place, and to make a / reclamati-
on that none of the Kings fubje&s fhall re-
paire to his houfe without expreffe leave ;
And to fend withsl a Letter, with all fpeed,
pf complaint againft him to the King of
Sf* in , togetherwith a Declaration under
the Seals or all the Nobility and Speaker
of the Commons in their names , as was
^Uen 3. to the Pope againft his Legat ,
and 28 Edw. 1. Requiring fuch juftice to
be done in this cafe , as by the Leagues of
Amity, and Law of Nations is ufuall,
which if the King of Spamc _refufe,cr delay,
then it is Transa&io Criminis upon him-
felfe , and an abfolution of all Amine and
freindiy intelligence , and amounts to no
leffe than a Warre denounced. Thus
have I by your leave, and command,delive-
red my poor opinion , and ever will be
ready to do your Grace the beft fervice ,
when you pleafe to command it.

THAT THE

KINGS

ENGLAND

Councell, and Commons
in Parliament, of Marriage^
Peace, and Warre.

Written by Sr. Robert £\>tf0*5Knight
and Baronet, Anno 1611.

OF

ufually to confulcwitk
their Peeres in the greac

LONDON,

Printed in the Yeare
1651:

'3

That the Kings of

Englandhavc been plea-
fed ufually to confult with
their Peers in the Great
COVNCELL, &c>

Ofearch fo high as the
Norman Conqueft, it is
neceffary to lay down
the form and govern-
ment of thofe times 5
wherein the Irate of
affairs then lead in another forme of
publick Councells ; for the people brought
under by the Sword of William , and his wlUim the
followers to fub jetted valTallage,could not Conqueror,
poffeffe irr fefr afferoblies the right of Malmbuyy.
their former liberties , divinon and power
having maftred them , and none of their
old Nobility being left either of credit or
fortune, what he retained not in provi-
dence as the demefnes of the Crowne , or
referved not in piety for the maintenance
of the Church , he parted to thofe Gran-
gers that failed along with him in the
Barkeofhis adventure, leaving the Na-

Domes day,

E&mertii.
Humngion,

tx Hb.ftBd. In

hen. i .

Ex lib. pub. in

Sc&cc.

Cbron.de Dun-
Ruble.
Mt*. P*ri*
Zenediftvi
Monacbus in
vita. He*- 2.

Gtfvaf.Dwch.
Rf^r r/en&o-

ver.

Kin? John.

• The Kings of England have been

tivcs ( for the mod pare ) as appeared
by his furvey in no better condition than
Villenage; He moulded their Cuftomes t°
the manner of his own Country , and for"
bore to grant the Lawesofthe Holy Ed-
ward fo often called for.

To fupply his occafions of men , mony ,
or proviiions , he Ordered that all thofe
that enjoyed any fruit of his Conqueft*
(hould hold their lands proportionably
by fo many Knights fees of the Crowne,
and admitted them to infeoffe their follow-
ers , with fuch parts as they pleafed of
their own portions , which to eafe their
charge they did in his and his Sonnes time,
by two infeofFments.th'one ^o^th'other
devcteri ; This courfe provided him the
body of his Warre , the mony and provi-
fionwasbyHydageaffeffed on the com-
mon people , at the confent of their Lord sf
who held in all their Signiories fuch right
of regality , that to their vaffalls (as Paris
faith ) quot Domi*i tot Tyranni , and pro-
ved to the King fo great a curbe and re-
ftraint of power,that nothing fell into the
care of Majeity after, more than to re-
trench the force of this A.riftocracie that
was like in time to ftrangle the Monar-
chic.

Though others forefaw the mifcheif be-
times , yet none attempted the remedy ,
untill King lohn^hok overhafty underta-
kings , brought in thofe broyls of the Ba-
rons Wars.

There

pUdfe i to co/ fult with their Peersj^fc* 1 5

There needed not before this care to
advife with the Commons in any publick
aflfemblies, when every man in EvjrUad
by tenure heid himfelfr to his great Lords
will , whcfe prefence was ever required in
thofe great Councells ; And in whofe aflent
his dependent Tenants confent was $ver in*
eluded.

Before this Kings time then, we feek in
vaineforany Councell called , he firft as ^f^L-
may 6e gathered ( though darkly by the 3
Record )ufed their Counfells and aflent*
in the fixt year of hisRaign.

Hereistherirftfummons in records to
the Peers or Barons T rs.Hamri de m*i*is<,
et ardui, n^ffonts s it was about a Warre of
defence againft the French ; And that the
Commons were admitted at this time may
be fitly gathered by this ordinance, vi*>%
Provijum eft afenfn Archtepifcoforttm t
Comiium , Baronum f & omium fidcl>um t .

noft 0 um An^li^^cjHod novem militis fer
A^fjiam ittverfoiid, decirnarHw^&c. and
this was directed to all the Sberiffes in
EngU*d, the ancient ufe in publifhing
Lawes ; From this there is a breach untill v**' 1
the 1 8th. Hen. 3. where the next mm-
mons extant is in a plea Rolle of that year ,
but the ordinances are loft; From hence
the Records afford us no light untill the
49 of the fame King, where then the cUuf.49.Htn.
forme of fummons to Biftiops, Lords, J. *» tt.D*rff
Knights & BurgefTesare much in manner
though not in matter to thofe of our times.

This

I 6 The Kings of England have been

i This Parliament was called to advife
with the King p*o pic\ i ff ' ciir.in;!a & fir-
mandtfhey are the words of the Writ, md
where advice is required,confultation muft
needs be admitted.
eo\p. i. To this King fnceeeded Edfta'd his fon,

a wife, a juft, and fortunate Prince, his
Raign, and fo long to the fourth of his
Grandchild, We have no light of public
Councells in this kinde, but what we bor-
Ex'fat. Part: row in the Rolls of Summons, wherein
i« Afcbivis the form flood various according to the
London, occafions, untili it grew conftant in the
form it is now, about the entrance of 8k*
the 2. The journall Rolls being fpoiled,by
the injury of times or private ends.
f*TiL ' This King in the 5. of his Raign called a
Parliament, and therein advifed with his
Lords and Commons for fuppreffing of
Lhwellen Prince of W&les, and hearing
tbat the French King intended to invade
fome pieces of his Inheritance in France^
Kit. VarU Anne he fummoned a Parliament, Ad tr atttnd*
7. £ /ir. i . ordinandi facicnd.cum ?r*Uti$ Proceribm
& al is IncolisRegni qnalibet hu]ufimodi pe-
ricnlis & excojriutis malis fit ob'jurand, Iri-
ehkf.7 tdw> ferting in the Writ that it was L?x juftijji-
1. in j. dotf. ma, provida c>rcumfpeclione jlabilita ; That
cUuJ. J4 Ea. Qucdemnestangi' ab . xnnibns approbetur.
t*iudorf. In 34. Super ordinat tone & fi ibHimento
Re^is Scotia , he made the like Conven-
tion.

Edw. u His Son the fecond Edward, pro fiolemni-

tate Sp infinitum & Coronations , confulted

with

pleaf id to cort fult nttb i heir Peers, &c. i j

with his people in his firft year, in his 5. clauj\ 1 e
year ,/V^fr diverts negm 'tis Hatum regni 1JV *9**derfi
& expedittonem Guerrae Scotiae Jpcaaliter
tangent fitto ,he affembled the State to ad- *cuutf*% in\
vife,the like he did in the eighth. in torf, '

The French King having invaded Gaf-
co ne in the 1 3 year the Parliament was chuf. 1 3 £.
called, fuper ardms negotiis Slatum Gafco '* J3 -m dorf*
niatangeutibns. And in 16 to confult ad f# *6JE'(?m
tefrdMAndiScQtorum cbflinenttam & militi- '
am*

Before that Edward the 3. in his firft
year would refolve whether Peace or War ^
with the Scotijb King , he fummoned the CL™f \'t^
Peers and Comraons/a/^r prami/fis (ratla- in d&rf.
re & confilittm impendere

The Chancellor in Anno quinto declareth Rot. Pari, r E4
from the King the caufe of that Affembly, 3.
And that it was to confult and refolve,
whether the King (hould proceed with
France for recovery of his Seigniories, by
alliance of marriage, or by war ? And
whether to fupprefTe the difobedience of
the Irifh^ he (hould pafle thither in perfon
or no ?

The year following he re-afTembleth Pari. 6 Ed, r-
his Lords and Commons, and requireth
their advice , whether he fhould under-
take the Holy Expedition with the French
King that year, or no? the Bifhops and
Pro&ors of the Clergy would not be pre-
fent, as forbidden by the Canons fuch
Counfells, the Peeres and Commons con-
fult, applauding the Religious and Prince-
C ly

1 8 The Kings of England J?s*ve keen

ly forwardnefs of their Soveraigne to this
holy enterprize, but humbly advife a for-
bearance this year for urgent occafions.
The fame year, though at another Sefli-
n^t. Pail . g ons, the King demanded the advice of his
e^ ;. Sc£. a. people, Whether he fhould pafle into
ln- 6' France to an enterview as was delired for

the expediting the treaty of marriage, The
Prelates by themfelves, the Earls and Ba-
rons by themfelves, and the Knights of
Shires by themfelves, confulted apart , for
fo is the Record ; and in th'end refolved,
That to prevent fome dangers likely to a-
rife from the North, it would pleafe the
King to forbear his journey, and to draw
towards thofe parts where the perillswere
feared, his prefence being the beft preven-
tion; which advice he followed.

In the following Parliament at7V^,the
King fheweth how by their former advice
he had drawn himfelf towards the North
parts, and now again had affembled them
to advife further for his proceedings , to
which the Lords and Commons having
confulted apart, pray further time to re-
folve, untill a full aflembly of the State, to
which the King granting adjourneth that
Seflions. At the next meeting they are
Rot. Pari. 7 £• charged upon their AHegiance and Faith,

in 6. 7 ' Vctrs and Commons confulting apart,deli-
ver their opinions, and fo the Parliament
ended.

K9t. Par4 13 In the 13 th. year the Grands and Com-
er 3. mons

Set. Pari
Edw .3.

pleajed to confult mtb their fetff^&c.

mens arc called to confult and advife how
the Domeftique quiet may be preferved i
the Marches of Scotland defended, and the
Sea fecured from forein enemies; the Peers
and Commons having apart confulted, the
Commons after their defire not to be char-
ged to counfeli in things Des quenxils
nount pas cogniz.tnce , anfwer, That the
Guardians of the Shires, affifted by the
Knights may effed the firit, if pardons of
Felony be not granted.
• The care of the Marches they humbly
leave to the King and his Counfeli, and for
thefafeguardoftheSeas, they wiih that
the Cinque Ports, and Marine townes, dis-
charged for the molt part from the maine
burthens of the In-land parts, may have
that left to their charge and care, and that
fuch as have lands neer the Coafts be com-
manded to refide on thofe pofTeffions.

The Parliament is the fame year re* Kct ?Jrl,
affembled Avifamtr.to Frtiatorum , -proce- ^ $(j't z
rum^necnon commanittfU ;to > advife de expe~
Aitione guerr* in partibus tranfmarinis , at
this Ordinances are made for provifion of
fhips, arraying of men for the Marches,
and defence of the Ifle of Jerfey , naming
fuch in the Record, as they conceive fit for
the imployment.

The next year Be U Tool accompteth in *Arh l*
Parliament the experices of the wars,a new
aid is granted, and by feverall Committees
in which divers are named that were no
Peers of Parliament, th e fafe guard of the
€ 7, feasy

20 The Kings of England have been

feas, and defence of the borders are con-
futed of.

In the 1 5 year , Be ajfe*ifa Pr&latorum
F racer um & aliorum de confih»^ the Kings
paffage into France is refolved of. Ann*
17. BaMefmere jn&czd ofthe Councel de-
clarcth to the Peers and Commons, That
whereas by their affents the King had un-
dertaken the wars in France, and that by
mediation ofthe Pope a truce was offered,
which then their Soveraign forbore to en-
tertain without their well allowance ; the
Lords confuk apart, and fo the Commons
returning by Sir WilliamTrtffleH&n anfwer,
their advice and defire is to compofe the
Quarrel,approve the Truce,and the Popes
mediation.

* . r, 1 .« The Popes undertaking proving fruit-
£ i lefs, and delayes to the French advantage,

who in the mean fpace allied with Scotland
and others, praciized to root out the Eng-
lifh Nation in f ranee , This King again af-
fembled the year following, in which the
Peers and Commons after many dayes me-
ditation, refolve to end it either by Battel
or Peace, and no more to truft upon the
mediation or meflage of his Holinefle.
Ro\ Part, 11 In the 2 1 year, the chief Iuftice Thorpe
£* 3 declaring to the Peers and Commons that

the French Wars began by their advice
firft,the Truce after by their affents accep-
ted, and now ended , the Kings pleafure
was to have their Counfels in the profecu-
tion, the Commons being commanded,

Que

pltafta'to confult with their Pee/sy&c. 2 I

Que Us Ce £everoyext trait erfcmble & fe
quits enfemterount monfkrer au Roy & aux
gravitur defon corfiiio , Who after four
dayesconfulting humbly defire the King
to be advifed by hrs Lords and others,
more experienced than therafelves in fuch
affairs.

To advife the King the beft for his French Va.fi t $ E ■
imployments a Parliament was fummoned
Anno 25. Herein the King for a more
quick difpatch willeth the Commons to e-
lect. 24. or 30. of their houfe to confult
with the Lords, thefe to relate to their fel-
lows, and the conclusion generall by the
Lords to the King.

In the 27 a Great Councell is afiembled, *art- 27 E- 3.
many of the lay Peers, few of the Clergy ,
and of theShires and Burroughs but one a
peece.

This was for the profecution of the p^ 27
French wars, when honorable peace could
not be gotten; but the yeare following a
Truce offered, the King forbore to enter-
tain, untill he had the confent of the Peers
and Commons, which they in Parliament
accorded unto before the Popes Notary,by
publick Inftrument.

The dallying of the French King in Pa;l*i$E. 3,
conclufion of peace, and the falling off of
the Duke of Bri'tany^ having wrought his
end with France by reputation of the £*f-
Hfb fuccour, is the year following declared
in Parliament, and their advice and aid re-
quired for the Kings proceeding.

If (Li <• 3 to J± y

The Kings of England fe#yg heen

In the 36. year he calleth a Parliament
to confult whether war or peace by David
King of Scots then offered, fliould be ac-
cepted?

VirL 40 £.3. In the 40 the Pope demanding the tri-
King Joint. bute of King Jobn^ the Parliament affem-
bled , where after confutation apart, the
Prelats, Lords, and Commons advife the
denyall, although it be by the dint of
Sword.

Pari 43 e,$. In 43. The King declares to the Peers and
'' 3 ' Commons, that the French againft the ar-
ticles of the Truce, refufed payment of the
moneys, and delivery of the Townes,fum-
moning La Brett , and others the Kings
Subje&s in Gafconj to make at Paris their
appeals, and had forraged his of Ben~
tion^ requiring, whether on their breach
he might not again refume the ftile and
arms oi France.

The Lords and Commons had apart
confulted, they advife the King to both ,
which he approving altered the infcription
and figure of his Seale.
f&Uii Two years after it was declared to the

Peers and Commons , that by their advice
he had againe refumed the ftile and quar-
rell of France , and therefore called their
advice for the defence of the realm againft
the French , fecuring of the Seas, and pur-
fuing of the Warre , of which they con-
Par/ \6 E.x , ^c » anc* ref°^vc t0 giye tne Kmg an aid ;

the like of Councell and fupply was the
year fucceeding.

In

plejf id to e. nfui with their Peers. &c. $ 2 i

In the 50 a Parliamentto thepurpoles P&^lQZft-S.
of the other two was fummoned • and the
yeare following the King in Parliament
declaring how the French combined un-
derhand againfl him with Spain* and Scor-
, required their advice , how Peace
at home, the Territories abroad, Secu-
rity of the Sea , and charge of the Warre
might be maintained. I have the longer
infixed in obferving the carriage of thele
times,lo good and glorious, after ages ha-
ving not left the Iournall entries of Parli-
ament fo full , which with a lighter hand I
will paiTe through.

Rtchirdhis Grandchild fucceeded to &cb.z.
the Crowne , and troubles , having no-
thing worthy his great fortunes, but his fa hJ x'ch^m '
great birth ; the firft of his Raign he pur- ** 5 & 6.
fiied the Steps of his wife Grand-father ,
advifingwith Peers and Commons how
beft to refift his Enemies , that had lately
wronged many of his Subjects upon the
Sea coafis.

In the fecond yeare he againe confulted.
with his people , how to withftand the ln 7'
Scots, who then had combined with the
French to break the Truce.

In the third he called the advice of Par- Pa'L } K'cl?- *•
iiament, how to maintaine his regality , **4
impaired by the Popes provifion , how to
refill Spaine , France , and Scotland , that
had raifed Warres againfl: him , how to
fuppreffe his RebelU in Guy en and IreLtnd^
and how to defend the Seas.

The

24 The Kings of England have been

f arH Ricb.z. The like in the fourth year following at
im& i, iv in f or ^ the year fucceeding at a great
ParlKRih Councell, the King having propoJed a
fa' °*2" voyage Royall into France, now called
the Parliament to determine further of it ,
and it is worthy obfervation, for the moft
before any propofition of Warre or
Peace were vented to the Commons ,
a debate thereof proceeded in the great
Councell to ftay it fitter to popular ad-
vife.

fmk$\ SfJJ. % quarrcll of Sprite continuing ,

the Duke of Laxcafter offered a voyage
againft them , fo that the State would
lend him money, after confultation
they granted aid , but not to bind
them to any continuance of W arres with
Spainc*

Tarl.6 Rhb.i. In the fixth the Parliament was cal-
led , to confult about defence of the bor-
ders , the Kings pofleflions beyond Sea,
Ireland and G 'afcojne , his fubjeft in Per-

\ tngall , and fafe keeping of the Seas ; and

whether the King fhould proceed by
Treaty of Alliance , or the Duke of
Lane after by force , for the Conquelt of
Portugal:, the Lords approve the Dukes
intention for Portngall, and the Com-
mons advife, that Thomas Bifhop of N*r-
Vetch, having the Popes Croiceris fhould
invade Prance,

The fame yeare the State was re-aflem-

farl tSeir.% Wed to confult , whether the King fhouid
* \\ V'1' go rn perfon to refcue Gaunt , or fend his

Army

pleafed to confuh with their Peer$f&c. 2 5

Army 5 the Commons after two dayes
debate crave a conference with the Lords ,
the effed is not entred in the Roil , only
they bid Sir / homos Puckering their Spea-
ker proteft, that Counfells for Warre
did aptly belong to the King and his
Lords j yet fince the Commons were
commanded to give their advice , they
humbly wifhed a voyage Royall by the
King ; if not , that the Bifhop of
Norwich ought with the advantage of the
Popes Croicens be nfed in thnt fervice ,
who accepted the Charge with ill fuccefs ;
he further for the Commons prayed, that
the Kings Vnkle fhould not be fpared out
of the Realme , before fome peace be
fetled with the Scots , and that the
Lord de U Sparre fent with Propo-
rtions from Spaine , may firfb bee
heard.

The Chancellor in the feventh year P*rl;?Ricb.*.
in the name of the King willeth the
Lords apart , and fo the Commons , to
confult whether Peace of Warre with
ScotUnd , or whether to refill or aflaile
the Kings adventure with Spaine^ France ,
Ql* Flanders.

Their opinion is not entred in the
Rolls , ( an omifiion ufuall by the
Claries negled ) only their Petition is
recorded , that the Bifhop of Norwich
may accompt in Parliament the ex-
pence of the monies , and be puni-
fhed for his faults \n the fervice he

undertook

2 6 The Kings of E ngl and haze hen

undertooke , both which are Gran-
ted.

At the next Se/fions the fame.yeare the
fxl 7 Commons are willed to advife upon view
of Articles of Peace with the French ,
whether Warre , or fuch a Vnity fhould
be accepted; They modeftly excufed them-
felves as to weak to confult in fuch weigh-
ty affairs; But being charged againe as
they did tender the honour , and right of
the King , they make this anfwer, Qui Is
intendent que ancunis fermoes & terres que
mefme lour Lesige auroit oie pur cefl accord
inGuienf ferront tenus debt Roy Francois
par homage et fer vice mars tie per font wj
que lour dit Leige voi>'oit affenter trope le-
gierement de temer dicens Francois yertiel
fervice laviltade C allis & aultres terres
concern fes des francois per Itfpri neve verroit
lacomen evfe faefi fait fi autrement lour
perroit bien fatre> giving their opinions ra-
ther for peace than Warre • Peace with
France not fucceeding the eighth yeare,

Vnrl. 8 Rich i ^e k0(ty °f tne ftate was willed to advife,
whether the King in his own perfon, or by
fending of forces againft the French ,
Spaine , Flanders , and Scotland 7 fhould
' proceed.

Clanf.$ Ricb.u This King having affembled at Oxon his
* great Counfell to advife whether he fhould
pafs the Seas or no, with an Army
Royall,and they not daring to alTent
without greater Councell,
Url.io.Ktb * A Parliament the tenth year to have

the

plexfed to consult with their Peers^&c. 2 7

the advice of the Commons , afwell as of

the Lords was called, and how the Realme

fhould be governed in their Soyeraign his

abfence. ParU^R'c,!,

The truce with France was now ex-
pired , the Parliament was called in the
13th. to advife upon what conditions it
fhould be renewed , or otherwife how the
charge of the War fhould be fufteined; at
this afTembly , and by confent of all , the
Duke of Lancafter is created Duke of A? ' , u-
cjHttaine , the Statute or provisions now Rlc z
paft , the Commons a party in the Letter
to the Pope. i

The year fucceeding a Parliament is m*\
called , for the King would have ad-
vice with the Lords and Commons for the
Warre with Scotland y and would not
without their Counfells conclude a fi'nall
peace with France* The like afTembly for
the fame caufes was the year enfuing ,
the Commons interelting the King to- ufe
a moderation in the Law of provifions,
to pleafeat this time their holy Father , fo
that the Statute upon their diflike may a-
gain be executed;and that to negotiate the
peace with France the Duke of Aquitaine
may rather than an other be imploy-
ed.

To confult of the Treaty with France
for Peace, the :King in the feventeenth PnrLi7*Klc. r;
calleth a Parliament , ( the anfwer of the
Lords is left unentred in the roll)the Com-
mons upon their faith and allegiance char-
ged

2 8 The King$ of England have been

ged , advifed that with good moderation
homage may be made , tor Guien an appe-
nage of the French Croim fo it trench not
to involve the other pieces of the Englifh
Conquefi , their anfwer is large , modeft
and worthy to be marked.
Hc-^y 4. Now focceedeth a man,that firft ftudied

a popular party, as needing all to fupporc
his titles.

He in the fifth year calleth a Parliament
Past s Hen. t0 rePre^e malice of the Duke ofOfle-
?vi6.Hn. *' , and to advife of the Warres in Ire-
Pari.7 & 8. l*nd and Scotland , ( neither Counfeils
H>n.4.in if or fupplies are entred in the Roll ) and to
& 20* refill: an invaflon intended by France and

Br in ante \ he affembleth the State againe,
the like was the fecond year following for
France.

Oauf. 7 Hw.4 jn tkis tfe Commons conferre with, for
guard of the Sea , and make many Ordi-
nances , to which the King affenteth, the
peace with the Merchants of Lruce and
Foins is abated, and a Proclamation pub-
lifhed , as they refolved ; by the Speaker
the Commons complaine of 96 pieces of

/# 55 importance loft in Guien the yeare before:
need of the defence of the borders , and
Sea coafts , to fuppreffe the Rebellion in
Wales 9 and difloyalty of the Earl of

u 57. Northumberland ; they humbly defire ,
that the Prince may be difpatched into
thofe parts with fpeed , and that the Ca-
ftle ofManlion the key of the three realms

in %f. might be left to the care of the Englifh ,

and

pleafed tc cor jult m b their Peers

and not to ( harls of Navarre a ftranger ,
and to have a vigilant eye of the Scotifh
prifoners.

In the tenth the Parliament is com-
manded to give their advice about the
Truce with Sect/and, and preparation
agarnil the malice of the F; e cb.

His Son the wife and happy undertaker , Ken> * '
advis'd with the Parliament in the firft payt l
year how to cherifh his Allies,and reftrain jn'u
his Enemies; for this there was afecret
Committee of the Commons appointed
to conferre with the Lords , the matter
being entred into a fchedule, touching
Ireland , Wales , Scotland , Callis , Gm-
en , Shipping , Guard of the Seas , and
Warre, provifion to repulfe the Ene-
mies.

In the fecond he openeth to the Parlia- V&rla Hcn.t
ment his tide to France ^ a quarrellhe
would profecute to death , it they allow-
ed and ayded, death is in his AfTembly
enaded to all that breake the Truce,or the
Kings fafe coudud.

The yeare following peace being offe-
red by the French King , and the King of Pait* $ Hin* >
the Romans arrived to eflfed the worke ,
the King refufeth any condufion untill
he had thereunto advice and affent of
his Lords and Commons , for which
occalion the Chancellor declareth that
afTembly.

in the fourth and fifth , no Peace being Pa,lA &
concluded with France^ he calleth the Henl*.

State

3 o 7 he Kings of E ng land have been

State together to conftalt about the
Warre, concluding a Treaty of amitie
with StgifmttndY^mg of the Romans by al-
lowance of the 3 Eftates.and entred Arti-
cles into the lournall Rolls.
T&rUs Hen.s. The fame year, by the Duke of Bed-
ford in the Kings abfence a Parliament was
called , to the former purpofes , as ap~
peareth by the Summons, though in

J- , the Roll omitted. The like in the fe-

*«L7 um.i. venth.

The Treaty with France is by the Pre-
late?, Nobles, and Commons of the King-
dom perufed and ratified in the 1 1 th. of
his ftaign.

Henry 6. Hjs Sonne more holy than happy fuc-
Rot. Par l. a ceeded , advifeth him the fecond year
Hen.6 with the Lords and Commons , for the

well keeping the Peace with Trance ;
confulteth with them about the delivery
of the Scottifh King , and the con-
clufixHi of it is confirmed by common af-
fent.

And in the third year they are called to
Rot.Par '.3 H.6 advife and confent to a new Article in the
League with Scotland , for change of
hoftages.

And in thepth. conclude certaine per-
R4t.p£rl.9 n.6 fons by name to treat a Peace with the
Dolphin of France,

The Treaty at Arras, whether the Pope
had fent as mediators two Cardinalls;not
fucceeding,

The King in Parliament Anno 14.

(heweth

pleafedto consult with their Peersj&c* 3 1

(heweth he muft either lofe his title, ftile Rot. P*d. 14
and Kingdome of France^ or eife defend
it by force, the beft means for the preven-
tion thereof he willeth them to advife
him.

He fummoneth againe the next year R#.P*rLis
the State, to confuk how the Realme
might be beft defended , and the
Sea fafe kept againft his Enemies.

In the 20 the Commons exhibite a Bill
for the Guard of the Sea, afcertainthe **i**Bm4*
number of {hips, affeffe wages, and difpofe
prizes of any fortune, to wnich the King
accordeth, and that the Ge noways may be
declared enemies for affifting the Turks ia
the fpoil of the Rhode Knights,and that the
privileges of the Pruce and Hans Townes
Merchants may be fufpended, till compen-
fation be made to the Englifli for the
wrongs they have done them , to which
the King in part accordeth. ' atm ,

The King by the Chancellor declareth
in Parliament Anno 23. That the marri-
age with Margaret the King of Sicills
Daughter was contracted for enduring
the peace made with France , againft
which the Lords, as not by their advice
effected , make Proteftation , and enter

it on the Roll. , , ^ JUJM.-*f

In the 25. the King intended to pane h**.*.*»j.
in P'erfon into France , and there to treat
a Peace with the King, advifeth with the
Lords and Commons in Parliament, and
Letters of Mart are granted againft the

Britain*

N. 6,

3>

FrittAtns , for fpoile done to the En^lifi
Merchants.

The Lord Hafting* , and Abbot of

I.17H6. Glccefler declare in [Parliament Anno
27. the preparation of the French , the
breach by them of the peace, the weak de-
fence of No ,maxdj) and the expiration
fhortly of the truce, requiring fpeedy ad-
vice and remedy.

Li$R.6. in tne 29* It was enjoined by Parlia-
ment to provide for defence of the fea and
land againftthe French.

It was commanded by the King to

/. £. the States aflfembled, Anno 33. to advife
for well ordering of his houfe , payment
of the Souldiers at Callis% guard of the
Sea , rainng or the fiege of Barwick*
made by the Scots againll the truce, dil-
poiling of the number of 13000 Souldi-
ers, arayed the laft Parliament, accor-
ding of differences amongft the Lords,
reftraining tranfportation of Gold and fil-
ver,and acquitting the diforders in Wdes*y
of all which, Committees are appointed to
frame Bills.

Edward*. 'E4tr*r*ttft fourth by the Chancellor
L 7. z. 4- dedareth in his feventh year to the Lords
and Commons , that having made peace
with ScotLwci9entred League with spaine
and Dewnarks, contracted with Burgun-
dy and Brittany for their aid in the reco-
very of his right in France^ he had now
called them to give their Counfells in pro-
6eediHg,whfcfa Charge in a fecond Seflions

was

pleafed to confult nitb their Peers, &c. 3 3

was again propofed unto them.

The like was to another Parliament in 12 £.4.
his twelfth year.

After this time their journalls of Par- Hen}'> 7.
liament have not been well preferved, or Varl* *
not carefully entred, for I Gan find of this zn'7'
nature no Record, untill thefirftof Hen.
they, wherein the Commons by Th»mas
Livt/l their Speaker, petition the King to
take to Wife Elizabeth daughter to Edw.
the 4-to which the King at their re^ueft a-
greeth.

The next is the 3. of Hen. the 8. in *«JJJ *•
which from the King the Chancellor de- *' ' 3 •
clareth to the three Eftates the caufe of
that Affembly; The firft to devife a eourfe
to refill: the Invafion of the Scotsy next
how to acquit the quarrell between the
King of and the Duke of Geldrcs

his Aliie ; laftly for aflifting the Pope a-
gainft Left is King of Trance , whofe Bull
expreffing the injuries done the Sea Apo-
itolick^ was read by the Mafter of the
Rolls in open Parliament ; The Chan-
cellor, the Treaforer, and other Lords
fent down to the Commons to confer with
them.

The laft in the 32. of the fame year, Kit.Vatk ji
where the Chancellor remembring the Hen, 8.
many troubles the State had under-
gone, in doubtfull titles of Succeffion,de- E* }*fframgn«
clareth, that although the Convocation n&
had judged voyd the marriage of Anne
D of

The Kings 0/ England have been

of Cleve , yet the King would not pro-
ceed, without the Counfell of the three
Eftates : The two Archbifhops are fent
to the Commons with the Sentence
fealed , which read, and there difcuffed,
they paffe a Bill againft the Marri-
age.

In all thefe paflages of publique
Councells, wherein I have been much
affifted by the painfull labour of Mr.
Eifings J Clerk of the Parliament , and
ftill oblerve, that the Soveraign Lord,
either in heft advice, or in moft neceffi-
ties, Would entertaine the Commons
with the Weightieft caufes , either for-
rain or domeftique, to apt and binde
them fo to readinefle of charge , and
they a$ warily avoyding it to efchew
expence ; their modeft anfwers may be
a rule For ignorant liberty to forme
their duties, and humbly to entertain
fuch weighty Counfells at their Sove-
raigns pleafure , and not to 'the wilde
fancy of ' any fadious Spirit. I will
adde one forrain example tofhewwhat
ufe have beefte formerly made by pre-
tending Marriages, and of Parliaments
fo diffolve them , their firft end fer-
ved.

MAximiliAn the Emperour, and Fer*
di*and of Spawe, the one to fecure his
pofleffiofts in Italy , the other to gaine
the Kingdome of Navarre, ( to both

which

pleajed to consult with their Peers 0c. 3 J

which the French K.ftood in the way)pro-

jefted a Marriage of Charls their Grand-

child,wkh Mary the K. of EngUnds lifter*

it was embraced, & aBook publiftied of the T,'a£tai.matri+

benefits likely to enfue thechriftian world mmial. ijrio.

by this match,upon this Ground , Ferdi-

nando beginneth to incite H. the 8. to war Fx rlUrls

with France, prefents him with fuccours, Ugatw.

and defignes him Guien to be the marke;

and Dorfet fent with men and munition to

joyne with the Spani/b forces then on the

Borders of Navarre^ the noife is they

came to affift Ferdinand in theconqueft

of that Kingdome , which though falfe^

gained fuch reputation . that silbredwas

diftieart&ed, and Ferdinand poffefled him-

felfe of that his Succeffors fince retai-

ned , his end ferved , the Englifti Army

weak and weather-beaten, are returned

fruitlefle.

Maximilian then allureth the young £***f#.tfrt.
and adive King to begin with France f™mi~
on the other fide, Tttrwin and Yurney * 1
is now the objeft , whether Henry goeth
with vi&ory f but better advifed ( with
that pittance ) makes an end by peace
with France^ whofe aim and heart was fee
on MiHain

A new bait the old Emperour findeth
out to catch the Ambitious young man,
he would needs refigne unto him the
Empire, too heavy for bis age to
beare : The Cardinall Scdunenfts is

D 2 km

3 6 The Kings of England have been

fent over tofigne the Agreement, which
he did ; and trance muft now again be
made an Enemy : To prevent this dan-
ger i-V^cT* releafeth his Title to Nates,

ex trafi. or'tg. and ofTereth L^ogitia his Daughter to
Maximilians Granchild < harles^t Noyon
this is afted in the dark, and at Ar*o the
Trench Commiftioners came up the back
flaires with 6ccoo Florins, and they en-
grofled Covenants • when the abufed
King of England* Ambaffador Pace^

Ex hum R;c. went ^owne tne other j the good Car-

MetAv^e. ^inall returnethhome, meeteth by the
' way this foule play of his Matter , and
writ to the King of England, not in
excufe, but in complaint, C ontraperfidiam
x !' er v ^r^€l?H^ •> an h°neft Letter. Ferdinand

Sidunenfis^ anc* Maximilian dead, Francis and ( htrls
are Competitors for the Empire. Hen,
the 8. is courted for his helpe by both ;
the one with the tye of Alliance (for

ex lutr U ca- infant ^Dp'pfo'" had aflfyed Hex.the 8.

rol& |. Wjpa. Daughter) the other witfi the like, and
Daughter, he will make his Daughter a
Queene n pr&fente , which the Dolphin
cannot doe, and by his favour an Em-
prelTe.

Ex I'tc U c.v. T° further France was but towinne
imperat. otigh Ambition to prey upon all his Neigh-
nal. bours, the Englifh King is won , and

Extraft. winneth for Sp*i* the Imperiall wreath,
Tx^flrlV' wmcn Charles in two Leters I have of
jwww* hisowne hand then thankfully confef-
fed. From

flexed to conf 'At with U tir Pttrs&fc. 3 7

From Acjulfgrave he commeth Crow-
ned in hafte to England , weddeth at
WirJfor the Kings Daughter , con-
tra&eth to joyne in an invsfion of
Frame \ to divide it with his Father in
Law, by the River of Radon , and fwea-
reth at the Altar in Pauls to keep faith
in all* g x iitff'!s

•B&urben is wrought from France, and cbarHi Vuce ■
entreth Provin&e with an A-my , paid & Johan jl
with King Henrhs money ; Suffolk? RxJftP*
paffeth with the Engiifh Forces by Pi-
cardie : But Ch&rles the Emperour, who
fhould have entred Guyn failcth ,
drawing away Burbon from a ftreight
fiege ot MarfeWes , to interrupt Fran-
cis then entred Italie , and fo the en*
rerprize of France is defeated , the
French King is at Pavie taken Prifoner
by Pefcaro i led to Grone , hurried into
Spain by the Emperours Galleys/ and Ex tra^t M<u
Forced at Madrid to a hard bar- ttripnfi. $zf.
gaine , without privity of Hen. the 8. Fx Rora cm,*
or provifion of him , who had beene R"JT'# & Vu*
at the greater charge of that Warre.
Now the Emperour effe&eth that Mo-
narchy that hath ever fince ( as fome
fay) infefted the Ah fir inn Family,

Rome , the fatall old Seate of Go-
vernment , muft be the Seate of his c f"
Empire : Burbon, and after Moncado are
directed to furprize it. Angelo the ob-
fervant Fryer is fent before the Pope,
D 3 con-

j8 The Kings of England have ietn

Kx'mflm.HA. configned by the Emperours Elefti-
Zryano & Gir- on , who meant ( as his own inftru-
dinen. & ions warrant ) to reftore that right a-

gaine to the Imperiall Throne.
Ex Uteris chats will follow him from Barcellona

^TeVloh with an Army> but before> he mufl

LttcLt Hen, 8. call a Parliament at Toledo^ whether
in Hi 'spM. by ele&ion or arfedion, I dare not di-
Ex protejlat. vine , that Affembly maketh Protefta-
erig. Totedu- t[0n againft their Matters Marriage with
ntnfiVarL England, and afligne him Ifabella of
PortttgaU for a wile , the Inftruments
are fent figned by the Imperiall Notarie
Ex Uteris Car. to Henry the 8th. And Charles be-
mlfey&Gieg. moneth the ftreight he is forced into

\Tlnm by them> buc before a)I this hc had
%!at.cb.imf. wrought from Rome , a Difpenfation
Gon\ndo Fe-f- for his former out-hand Marriage ;
dinand.capcl. fending not long after Gon^ndo Fcrdi-
fuodat.z^Fcb na^0 nis Chaplaine , to invite the

f^V'EARLE of DE± MOh D tore-
N.Dom. Car. , M . .

bell in Ireland*

And to invite J *A M E S the
. . Firft , by promife of a Marriage to
%V.Tclm!' CHRISTIAN of DEN MARKS
Kortbumb. ' Daughter , his Neece • to enter the
cvstod. March. Exg/tjb Borders, to bufie the EngHJh
Scotia. King, for asking a ftrict acompt of
fnArcb'^ef that indignitY' Henrj the 8th. with
Ex Irak. ' Providence and good fuccetfe over-
ccmbreftf. wrought thtfe dangers , and by the
League of Italy he forced him to mode-
rate Conditions at the Treaty of Cam-

fr*y,

f Unfed to ionfuh with .heir Peersy &c.

bray. 1519* He being madeOp^ foederis
againft the Emperour.

I may end your Honours trouble with
this one Example, and with humble pray-
ers, That the Catholique may have fo
much of Princely fincerity , as not to in-
tend the like , or my good gracious
Matter a jealous vigilancy to prevent it ,
if it (hould. &c.

©4 THaJT

]

THAT THE

SOVER AIGNES

PERSON

is Required in the Great

COVNCELLS,

OR

ASSEMBLIES

OF THE

STATE,

Afwellatthe Confultations

as at the Conclufions.

Written by Sir R tbert Cctton , Knight
and Baronet;

LONDON,
Printed in the year i 6$\„

THAT THS SOrERJigXS

PERSON

is Required in the Great

COVNCELLS>

OR

ASSEMBLIES
OF THE

STATE. &c-

Ince of thefe Affemblies
few Diaries , or exaft
Iournall Books are re *
maining , and thofe but
of late , and negligently
entred, the Ads , and
Ordinances only reported to Pofterity are
the Rolls , t his queftion though clear in
generall reafon , and conveniency , muft
be wrought for the particular , out of fuch
incident proofs , as the Monument of
Story y and records by pieces leave us.
And to deduce it the clearer dowrte , feme

e(Ten-

44 That the So^eraigns Perfon is

e/Tenticall circumftances of name , time ,
place, occafion, and perfons, muft be
in a generall Ihortly touched, before
E.rCo-ifiMs the force of particular proofs be laid
KLTftxm\ ^owne. This Noble body of the State ,
vltXttr£h" now ca^edthe houfes in Parliament, is
known in feverall ages , by feverall names
Confilia the Counfells in the old times ,
after Magnum, Commune , and Generate^
t ■ . ConfMptm , Curia Maqna , ca-pitalis.zni
dK C A^^'lometimes Generate PUcfum9

Ingulpbu . and fometimes Synodi and Synedalia decrt-
CnjUndcnfiu ta^ although afwell the caufes of the Com-
Rcgifa-a Afo~ mon-weakh as Church were there deci-
**P&. jec|. The name of Parliament , except in

the Abbots Chapters , not ever heard of
untill theraigne of King John , and then
but rarely .At the Kings Court were thefe
Ji Conventions ufuallv , nd the Prefence ,

Privy Chamber , or other room conveni-
ent , for the King in former times as now
then ufed ; for what is the prefent
Houfe of Lords , butfo, as at this time,
and was before the fyring of the Pallace at
IVeftmnfter , about the feventeenth of
Henry the eighth, who then and there re-
dded.

Improbable it is to believe the King was
excluded his own Privie Chamber , and
unmannerly for guefts to barre him the
Regiftr. Elien- comPaay > who gave to them their enter-
fis, tainement. It was at firft as now BdiBo

Princifis , at the Kings pleafure. To-
wards the end of the Saxons , and in the

firft

requiredin the Great C°*ncell$^ &c. 4 5

firft time of the rlorman Kings , it ftood Amms Mono. .
in C u ft mt- Grace , to Edfier\ whitfon- fi^iorum.
tide, zhdCmftuMfikcti. TheBifhops, Ll*"**'*-
Larls,, and Lords , Ex more , then Affem-
bled ( lo are the frequent words in all the
Anndls)chc King of courle then reverted
with his lmperiall Crowne by the Biftiops de mi-

and Peres ailembimg , in recognition of
their pre- obliged faith and prefent fer-
vice , untiil the unfafe time of King lohn ,
by over potent and popular Lords , gave
difcontinuance to this conftant grace of f0havnes js-i
Kings , and then it returned to the uncer- verfdcn.
tame pleafure of the Soveraigns fummons. bew Pais.
The caufes then as now of fuchAfTem- Hoie*cn.
blies, were provisions for the fupport of
the State in Men and Money , well orde-
ring of the Church and Common wealth ,
and determining of fuch caufes , which B)'a^on-
ordinary Courts nefciebant jadtcare ( as *
Glanvitt the grand judge under Henry
the fecond faith ) where the prefence of
the King was /till required , it being
otherwife abfurd to make the King aflcn-
tor to the Judgments of Parliament , and
afford him no part in the confultation.
The neceility thereof is well and fully
deduced unto us in a reverent monu-
ment not farre from that grare mans M°dusti*tu-
• r at, b j di Parliament.

time in thele words, Rex tenttur omm modo

ferfcnaliur inter* §e Pariiamento , nifi per
Corporaiem &fritudinem hetineatur. Then
to acquaint the Parliament , of fuch occa-
sion of either hoiife , Cwfaeft qnod file

fat

4*> Thdt the Soveraigr.s Per fonts

bat Clamor or Murmur ejfe fro abfenti*
Regis, quia res dam»of/i & periculofu eft
toto Cemmunitnti Parliamenti & Regni
&tm RcX a Parliament 9 abfens fuerit i
Nec je tibfi rtrare debet , nec foteft nifi
duniaxat in (an fa fupradiEla. By this
appeareth the dciire of the State to have
the Kings pretence in thefe great Councels
by exprefle neceflky. I will now endea-
vour to lead the pra&ife of it from the
darke and tldeft times to thefe nolefle
negie&ed of ours.

From the yeare, 7 20. to neere poo. du-
n* Regtit,is rinoall the Heptarchy in all the Coun-
■ eels remaining compofed Ex Epijcopts^db-

E\ Concilia batibus , Ducibti* , fatrapis , & omni ciig-
mib,tdiKc^ji. nitrite optim&ibus Ecclefiafticis fcilicet &
fecularibui perfonis pro utifrate Ecclefix, ,
et ft*i?i/itate regni pertratland. Se-
ven of them are Regefracedtxte and but
one by deputy ; and incongruous it
were and almoft non-fence , to bar his
prefencethat is prefident of fuch anAf-
fembiy.

ExSynodis& The Faxon Monarchy under Alfred ,
tegibui Alfnei Etbelred , and EdgAr in their Synods or
Ltbelredi, Ed- fUcita q^eneraLU went in the fame pra-
£*& W an ^ince,T^us Etbelwalde appealed

Kite*! ' againft Eafl Leofrickf, FromtheCoun-
Exkegijtr'.A- ty and generate P lacit wn before King E-
b'gtehtvft. thdredznA Edgira the Queene, againft
Chnmcon de £ari Goda to Eldred the King at London ,
VaveUfj. Cwrezatis Principibus & fsipicnlibui

E«m*f4>Gtt- ^ the yeare 1502. under Ed-

Uce. ward

required in the great CounceM 47

Alurcd. Riva-
lenfisjvita Ed-
Wat di Con[ef-
feris.

rk*m

ward the Confeflbr Statutum efi flacitum
magnum extra Londlnnm quod Normanni
ex Francorum con fu stud. Parli amentum
appellant where the King and all his
Barons appealed Goodwin for his Bro-
ther Alurcds death, the Earle denyed
it, and the King replyed thus , My
Lords , you that are my liege men Earls
and Barons or* the Land here Affembled
together have heard my Appeale and his
Anfwer, unto you be it left to do right be-
twixt us.

At the great Councell at Wefiminfier
107 2- in E after weeke , the caufe of the
two Archbifnops Lanfranke and Thomas ,
ventilatafuit , infrafentia Regis Willi-
elm. And after at IVinfor j finem accept
in praftntia Re^is. At the fame feaft in the
yeare 108 1. (the ufuall time of fuch Af-
femblies ) the King , the Archbifhops ,
Bifhops , Abbots Earls , and chiefe No-
bility of the Kingdom prefent ( for fo are
the words of the Records ) -the caufe be-
tween Arf*fb- Bflhop of Norway , and Edmundi
Bddwyne Abbot of Bury was alfo ar-
gued , Et vent Hat a in public a jubet
Rex teneri Judicium Caujts audit is Ambo*
rum.

The diligence of his Sonne the Learned
H<nry the firftin executing of this part
of his kingly function is commended to
pofterity , by Waiter Mape , a learned
man, trained up , and in favour with
Henry the fecond, in thefe words, Omnia

Regal i

W&itcrus AUpt
denugn curi-

48 Th it the Soveraignt Perfoa^ is

Re gal i more moder -amine facie hat , r.emi-
nem volehdt agere ftftitia vel pace. Conjli-
t Her at autem ad tranq •tillitatem omnium nt
die b 'Us vacaticnis % vel in domo magna fuhfi-
dio copiam fui facer et . ufcjue ad horam
fcxtam , (which was till twelve as we now
accompt ) [ccum habeus Comites 9 Bur or
net , Proceres 9 & vavaforesi to hearc
and determine caufes , whereby he attai-
ned the furname of Leo Infiiti* in all

Hen. H'tntincr* n , r . .

don 0 itories, and 10 out-went in quiet gui-

Malmsburj. dance of the State his beft progenitors.

The next of his name that lucceeded is
remembred every where for his debates
and his difputes he had in perfon with
Vita The. can- 7 homos the Archbifhop , and others of'
tuar.ptf Fit?- his part , at the great councells both at
Stepbajium. London 9 Clarendon i and Northampton ,
Gejta Hcifr x. for redre(Te of the many complaints
xenmftoA^ 0f the Commons, againft the outrages
and extortions or the Clergy; one thou-
fand five hundred and fifty feven , Vie
P entice ft is avudfanclum Edmundnm , the
Rerift M*m ^alTle § Dlademite Infignitus, with
fiirndt Btfo. tne Biihops > Abbots, Earles , and
Barons of the Kingdome , fate dayly
himfelfe and heard all the debates , con-
cerning the Liberties and Charters of
Battle Abby. The interlocutory Speeches
as well of the King , as Lords and parties
are at full related in a Regifter of that
Church.

The futebetween the Church of Lin.
colne and Saint Albanes 9 in pnfentio

Regit

require din the Grt.it Couxceils^ &c. 4^

Regis Hcr.rj Archififccp* & Epifcop.
Minium Andis^ & ( omitum & Baronum
R:??ir\w\s at Wejtmivfter debated and en-
ded : And had alone of memory and truth
been a protedor of the publique Records
of the -tate , as awe of the Clergies fen-
/ure was a guard to theirs ,s in tempe-
fhious times , we had not been now left
to the only friendfhip of Monkes dili-
gence ; for example in this kind. Kx. Lin-
coln the Archbifhops y fome Bifhops , zmmi-
but all the Earles and Barons of the tnf-Mmaftm\t
Realme , un.% Cun Rege Iohanne Congrt-
g&i ad calloq-ilum de concordia Regis
Scot it 5 faith the Regifter of that
Church.

This ufe under King Henry the third, Kot- ctay-
needeth On further proofe , than the Am9^9^V
Writ of fummons ( then framed ) ex-
prefling that Kings mind and pradife ;
It is Nobifcum cr Pr<zlatis & Magmtibns
xoftri ■■ cjuos vocari fecirrms fftper pretmjfu
tratlare & Conjilium impendere , which
word Nobifcum implieth plainely the
Kings prefence what the fucceeding
pradife was , from the fifteenth yeare of
the fecond Edward " the proper Re-
cords of this inquiry ( the Iournalt
Books being loft ) I am enforced to
draw from out the Rolls of Ads ,
Wherein fometimes by chance they are re-
membred. Edward the fecond was pre- ^ ^
lent in Parliament in the fifteenth yeare
of his Raigne at the" complaint agiinfl

50 Tka: fbf S&ysraigas i'ctju,*is

the Spencers^ and at the fecond Parlia-
ment that year, for the repeaie of that
b.miftunent.

Kot. Pari. 4. In the fourth of Edward the third , the
£4hvj$ King was prefent at the accufation of

Roger Mortimer , but not at the Try-

alL

Rot. Pari An- An£* tne next Year in the treaty of the

no 5 Ldw. French affaires.

Jn the fixth yeare Inter cr at Rex in C HH-
fu I oh Annus de Gruy & Wiliidmi de Zous*
The fame yeare the fecond day in Parlia-
ment , the King was prefent at the
debate about his Voyage into Scot-
UkI

In the fifteenth yeare the King in the
Pad. Au- painted Chamber fitting with the Lords in
xqi5£ 3. confuitation ^ the Archbiihop after par-
don prayed , that for better clearing
himfelfe , he might be tryed in full Par-
liament by his Peers ; which Iwas gran-
ted.

Rot. Path An- In the feventeenth in Camera Alhx^
no 17 Edn>i$. now the Court of requefts, Rex cum

magnaiibus conveniuHt Communes fuver ne-

g tils Regt i

cbrenhonHen- In the tenth of Richard t\\z fecond, the
rid Knighton. King departed from the Parliament in
fome difcontent , when after fome
time , Lords are fent to pray his pre-
sence, and informe his Majefty that if
he forbeare his prefence amongft them
fourty dayes , that then Ex antiqtto
Statuto , they may returne ahfque do-

mirrerto
0

required in the Great Ccu/.cell$£fc. 5 1

miierio Regis , to their feverall
homes.

Henry the four th began his firffc Parte Rot, fart. An$
Sment the ftrfb of Nrvembrr , and was m 1 Hcn- 4-
the twenty ieventh of the fame moneth
at a debate about the Duke of Brittany,
the thirtieth day the Caufe of the Archbi-
ihop of Canterbury was before him pro-
pofed only.

The third of November he was at the Ynm
debate whether the Commons had right "*4'
of Iudicature yea or noe.

On the t(nth he was with the Lords Rot. Pari. io
in their' confutation about the expedi- ff**-4'
tion againft the Scots < the creation cf
the Duke of Lancafter , and prohibition
of a , new fed for entring his Kingdom.
Some Ordinances were at this time con-
sulted oi before him about the ftaple , and
the fentence againft Haxey after difpute
revoked.

This King began his fecond Parlia- AsneiHcnU.
ment, the twentieth of Ianuary , and on
the ninth of February was prefent to
make agreement betwixt the Bifhcp
of No rQich > and Thomas of Erziro-
burn.

On the twentieth day of the fame mo-
neth he was prefent at Counfeii for re-
preffmg the Welch Rebells ; for revoca-
tion of ftipends, and concerning the Pri-
ors Aliens.

On the 2(5. they advife before the King
the C tfterti<ws order,

e s m

Tb.it the S o'ceraigm Perfon is

On the feconi of Ma**ch of the Sta-
tute of Provifions the Keeper of the
privie Seale , of relieving the two Vniver-

fities.

KotV-uLAmo Anc} on tne ^intli o£ March \ they

4 Hi. a. 4. mediate before the King a reconciliation

betwixt the Earl of RhUayu and the Lord
FitzMater.
He alfo began a Parliament in the fifth
**'£*¥l\A;*{ yeareupon the fifteenth of : anumrj , and

5 «r. 4. ofl t|je twentJeta tney advife before the

Kins of guarding the Seas , and the Wcl(h
rebellion.

On the eighth of February the Earl of
Northumberland is charged before the
King', and in his orefence , and by
his perrniflion divers of whome he
knew no harme , were removed from the
Court.

The next day at the Petition of the
Commons , he took upon him to recon-
cile the Earles of NorthmberUnd and
WeftmerUnd* And on the two and
twentieth of February of the Earls of
Northumberland and Dunbarre*

Ro> +&Ui9>H In a Par^ament °f 27 °f H*** tne & a
17 k 6. ' Challenge of feate in Parliament be-
twixt the Earles of ArundeH and De~
von (hire 0 was examined and appointed
by the KING with the advice of the
Lords.

*.i v,) In tnat great capitall caufe of the

Itnctt Vuke of sttfolks, the 28 of tt«. 6. I
finde not the King once prefent at the

debates

required in ti e great Co^cellsiO'c9 5 3

debates , but the Duke appealing from
his tryall by Peerage , to the King , is
brought from out the houfe of Loids to
a private Chamber, where the King af-
ter the Chancellor in groffe had deck-
red his offence, and his refufall, the
King himfelf ( but not in place of judge-
ment ) adjudged his banifhmcnt.

By the Roils of Edward thefourtlyt Rotj\>. /.,•:, ;<
appeareth that he was many dayes, beT 4.
fides the firft and laft of Parliament ,
and there was entred feme Speeches by
him uttered, but that of all the reft is
mod: of marke, the reporter then pre-
fent thus tells it. This of the Duke of
CitreKce and the King , % rislis difcepta- bndtn,
tii inter duos tanta k^-noa-mtatis Germayios
nemo argttit contra ducem nifi Rex^ nemo
refpeno.it Regi mjt dux, fome other testi-
monies are brought in , with which the
Lords are fatisfied , and fo Formarunt in
emn fentenuaw damnationis , by the
mouth of the Duke of B 'tick: ngt ant , the
Steward of England , all which was
much diftafted by the Houfe of Com-
mons .

The Raigne of Henry the feventh £* cart'n
affords us upon the Rolls no one exam- An** ll- H-7.
pie. The journal! Bookes are loft, ex-
cept fo much as preferves the paffages
of eight dayes in the twelfth yeare of
his Raigne ; in which the King was
fome dayes prefent at all debates, and
with his own hand the one and thirti-
E 3 cth

54

me,* S-.ellaia.

Ex Anne lib its
Fleetwood Rc-
cordac, Lot-

Memo/sal. E.
6. propria ma-

Tt. at tU SozeraighS ffrfty is

of the Parliament

, de\ivered in
, but had the
no doubt but

eth day

a bill of Trade then read
memorials remained, it is
he would have been as frequent in his
Great Councell of Parliament , as he
was in the Jtarre-Ch^nbcrjvhere by the
Regifter of that Court it appearcth as well
in debate of private cauies , that touch-
eth neither life nor Member , as thofe of
publique care,he every year of all his raign
was often prefent.

Of Henry the eighth, memory hath
not been curious , but if he were not often
prefent , peradventure , that may be the
caufe , which the learned Recorder Fleet-
Wocd^ in his preface to the Annalls of
Edtio&rd the firth , Richard the third ,
Herrj the feventh , and Henry the
eighth hath obferved in the Statutes made
in that Kings dayes , for which caufe he
hath fevered their Index from the for-
mer ; And much lay in the will of Wd-
fey , who ever was unwilling to let
that King fee with his own eyes.

Ed\\\ird the fixth , in refped of his
young years may be well excufed, but that
fuch was his purpofe it appears by a memo-
riall of his own hand , who proportioning
the affaires of Councell to feverall per-
fons , referved thofe of greateft weight
to his owne prefence in thefe words.
Thefe to attend the matters of State , thtt
1 will fit with them once a week^ to heare
the debating of things of mofi nnportance.

Vnfit-

rtqui> edin the great CouaceUs^&c. * 5

Vnfkneffe by fex in his two fucceeding
fifters , to be fo frequent preient as their
former Anceftors, led in the ill cccali-
on of fuch opinion and practife.

Moft excellent Majefty , your mod
humble fervant in difcharge of obedience
andzeale, harhhaftned up this abftracl
which in ail humility he offers up unto
your gracious pardon. Preemption to>
enter the Clofet of your Counfeil is
far from his modefty and duty, what hath
been your powerful! Command he hath
made his Worke,what is fit to be done
with it, is onely your divine judgement.
He dares not fay Prefidents are war-
rants to direct; Thefucceffe (is as wor-
thy obfervation ) as the 'knowledge of
them, fometimes have made ill example
by extenfion of Regall power, through
ill Counfelis with ill fuccefs. Some as
bad or worfe when the people have had
too much of that , and the King too
little, the danger no lefte. To cutout
of either of thefe patterns to follow, were
but to be in Love with the mifchiefe,
for the example. The clearer I prefent
this to your HighnefTe, the nearer 1 ap-
proach the uprightnefs of your heart, the
blefled fortune of your happy Subjects :
Pardon, moft Sacred Majefty , that I
offer up unto your admired wifdome 9
my weake , but dutifull obfevvations out
of all the former gathering. In Confutati-
ons of State and decifions of private
E 4 plaints,

6 That the Sovcraions Perlo/i is

plaints it is cieer from all times, the King
not onely prefect to advife and hear but
to determine alfo , in Cafes* Criminall ,
and not of Blood, to barre the King a
part were to exclude him the Star-cb im~
ber^ as far from reafon as example. The
doubt is then alone in Crimes racer Capi-
tall ; I dare not commend too much the
* times that loft thefe patterns , either for
the Caufes or Effefts • but wifh the
one and other never more. To pro-
ceed by publique Ad of Commons, Peers,
and King , was moft ufoall. Appeales
are given by Law of He*. 4. of this in
now debate, the way I feare, as yet ob-
fcure, as great advice to State is need-
full for the manner, as for the Iuftice. The
example in the caufe of the Duke of &»f*
folk?, 28 Htn> 6* where the King gave
judgement was protefted againft by the
Lords. That of the Duke of (- la> enc?
of Edxr. 4. where the Lords and the
high Steward the Duke of Buckingham
gave judgment, was protefted againft by
Commons, in both of thefe the King was
fometimes prefent, but which of thofe
may fuite thefe times I dare not guefs.

That of Primo Rich. 2. oiGomineys and
#V/?0#,accufed by the Commons plaint for
Treafon, was tried by the Lords in ab-
fence of the King, but fentenced by the
Lord Scroop 9 Steward for the King. The
Accufed were of the ranke of the Accu-
fers, Commons and not Lords : How this

will

required in the great C^^cells^ & c ^7

will make a Prefident to judge in caufes
Capitall, aP'eerof Parliament, I cannot
tell. Butiflfhould conceive away an-
fwerable as well to Parliament as other
Courts, if the King and the Lords were
Ti yers, and the Commons affenters to the
judgement to hear together the Charge,
and evidence ; The Lords as doth the Iury
in other Courts, to withdraw, to find the
Verdift, and then the Steward, for the
King, to pronounce the Sentence. It
paflech fo by way of Aft and Courfe
that carrieth with it no exception , and
likely to avoid all curious quefrions of
your Highnefle prefence there.

If your humble fervant hath in this ex-
preifionof his defire to do you fervice,
prefumed too far , his Comfort is, that
where zeale of duty hath made the fault,
benignitie of goodnefle will grant the
Pardon.

A

discovp.se

OF THE

LAWF V LLNES

OF

C O M EATS
To be performed in the

prefcnce o* the K 1 N G,
or the Conftable and
Mar fh a II of

\ E N G LAND-

Written by Sir Robert Coit n , Knight
and Baronet. 1609,

LONDON,
Printed in the Yeare 1651.

61

4 J? 4444 4fr4 444444444*4444

DISCOVRSE

OF THE

LAVVFVLLNES

OF

COMBATS

To be performed in the pre-
fenceofthc KING, &c.

C0M$siT.

Here difference could not be c^4f; -
determined by legall proof
or teftimony , there was al- ttftibus.
lowed the party his purga- Br*tf.*,3.*.iS
tion, /#/. 1 37-?^-

Corona*

C Clonic a II
Which was either c or

<£ Legall*

The firft by Oath, and called C^no/Acall^
becaufe it is Lav* full,

The

62

A Tlifcourfe of the

The other, which was either Per aquxm
cavdeKteWi ftrrnm igr.it urn, or Due Hum ^
called vxtgfre , becaufeit was brought
IiffS Lftjw- in by the barbarous people, without the
hatd. ful.i7.bt pretext of any Law ; untill the Goihifb
Luifpra?iao ancl Lombard Kings, feeing their Subjects
Kige J>t(,?ttr more ^ded t0 Martiall Difcipline than
azntje'rem m- 10 ^1V1" Government, reduced thoietn-
•iamvita,e alls to Form and Rule : Which Conftitu-
nsnfoffxwus. tions are now incorporated in the Civil!
Law.

From the Northern Nations (of which
the >*xons and Normans^ or Northmnnni
are part) it was brought into this Land,
And although it grew long agoe , both by
the Uecrees of Defidcritu Lwtprandtu ,and
nePapU fftft. tne Mother Church,difcontinued amongfl:
/.9.f.r i. ' the LcmbdrAf^ as foon as they grew Civi-
Ltb. KDfcrtt* lizedin/M/r • yet it continued till of late
2. part, w.i, with us, as a mark of our^ longer barba-
f u. 40, rilme : Neither would we in this obey the

See of Rome ; to which we were in many
refpe&s obfervant children; which, for
that in the Duell, Condtnwandus ftpe ab-
folvitur, & quid Dcrn ttntmur^ decreed fo
often and irreightly againft it.

In E*gta«d this lingle Com6at was either
granted the party by licenfe extrajudicially
or legall proceffe. The firft was ever
from the King, as a chief flower of his\
Impehall Crowne, and it was for exercife
of Arms especially.
nicki.Pwl, Thus did. Richard T.give leave for Tour-
Anrnio* naments in five places in England \ tnter

Lavpfulinejj'e of Combm^ &c. 6$

Sarnm & fVinton; inter Stamford & Wal-
linffori^ &c. ltd quod pax terra noflrac non
ir.fr in getur, nec poteftas juflicitra minora-
l>itur : For performance whereof, as like-
wife to pay unto the King according to
their qualities or degrees, a ium of money
proportionable, and that of a good value
and advantage to the Crowne, they take
a folemn Oath.

The like I finde in 20 £\ i. and 18 £.3 £o£ t
granted V iris militar thus Comitattu Lin- paC J8 ^ ^
c&l»i to hold a Iuft there every year. \Ri- 44. part %,
chard Redman and his three Companions
in Arms, had the licence of Rich. 2. Ha- P^-P^-h
ftilndere cttm Willielmo Halberton , cum ^"f/9 K* 1
tribui focis fais apud Civitat. Carliol. The i>at. jnn9 5,
like did H. 4. to John be Gray; and of H. 4. m. 8.
this fort I find in recotds, examples plen-
tifull.

Yet did Pope Alexand. the fourth, fol-
lowing alfo the ftepsof his Predecefibrs ,
Innocentuh & £#g*»#«*5prohibit through-
out all Chriftendome, Dete&abiles nundi-
nal velferia* cjuas vnlgo Tomiamenta vo-
cant , in quibw Milites convenire fo/ent ad
oHer.tationen virium fuarum & audacity
unde mortes hominn & pericula animarum
ftpe conven'unt. And therefore did Gre-
gory the tenth fend to E Award the firft his
fc Bull pro fubtrahenda Re^is pr<zfentia a Tor-
niamentis a part ib us Franci* i as from a
fpcftaclc altogether in a Chriftian Prince f^u^sA
unlawrull : For, Gladiatorum \celenbja ififfit.tap.6*
non minw crmre yrrfund/itHr qui fftttat ,

quam

6% *s4 DifcQurfeof the

q tarn tile quif.zcU , faith LiEtantius. And
Quid inhtifnamns quid acerbius diet pot eft ,
St. cypj u faith Saint cjpr1^n , then when horns ccci-
aitur in votuptaUm homims , & ut qws
p \(Jlt occldere peritia eft , ufus eft 9 ars eft,
SdttiiS nan taMHat g^ritur , fed docetun
Difciplind efl ut prim ere quis pojpti & Glo-
ria qtiol ptriw7t.
Mufik » vw< And therefore great Con$anti*e , as a
Cmftaat. L 3. fruit of his converlion (which Homrim
ziT^men.l.i. nis Chriftian fucceffor did confirme ) e->

**8* ; ftablifhed this edict : Cruenta rpettacuia
[. s, c»j. ©* . . . • ./ 1 A- . 1 ..
GUd E Cod tn 011,0 ctvt^ & demeftica qutete non pla-
rheodof. t. $ c:m ; /jUtfr&pti* omnino GfadUtores ejfe
Ct 16. prtkibzmHs* And the permiflion here a-

mongft us 110 doubt , is not the leaft en-
couragement from foolifh confidence of
Skill , « of lb many private quarrells un-
dertaken.

Combats permitted by Law, are either
in caufes Crin.inall or Civill as in appeals
ofTreafon, and then out of the Court of
the Conllableand Marfhall; as that be-
Foeettwsdc tvyeen EfreX an(| , v:ontford in the raign of

i*. if. i. /-v^^r; the firir , tor rorfakmg the Kings
Siandard.

That between Audley and Chatter tori-
for betraying the fort of Saint Salviours in
i. r.m.pat.8 Covftdnt the eighth yeare of Richard the
fl, z Memo. 8. fecond.

R.t'.Vtjcon, And that of Bar tram de Vfano , and

>i. ,75 ,9. tf. 4, Bulme*r^ coram Coftftabulario & Ma-

rifcallo Anvlia de verbis proditoris 5 dnnocj
H* 4. The forme hereof appeareth in the

Plea

Lawfullnejje of Combats ^ &c. 6 5

Plea Rolls, Anjkvi E, t; in the cafe of Placita coram
Veffsj : And in the Book of the Marfhais £.1.
Office, in the Chapter Moans faacndi
Due Hum coram Rcge,

In Appeales of Murther or Robbery,
the Combat is granted out of the Court of
the Kings Bench. The Presidents are
often in the books of Law; and the forme
may be gathered out of BraElor^ and the Bra& 1 9 c n
printed Reports of E, 3» and H.4. Ail Anno\'7 e. 3.
being an inhibition of the Norman Cu- & Anna 9 h»
ftomes, as appeareth in the <58th. Chapter 4-
of their Cuftomaryifrom whence we feem ConJHetkd^

^_ 1 • 1 • Due. Norman

to have brought it. cap% a

And thus far of Combats in Cafes Cri-
minal!.

In Cafes Civill, it is granted either
for Title of Armes out of the Marftials
Court • as between Richard Scroope and . ,
Sir Robert Grofvenor£itftlt% and others, ™i*'!$u'u
Or for Title of Lands by a Writ of l° '
Right in the Common-Pleas, the experi- Ereve Reg.mz*
ence whereof hath been of late : as in the ui r.g.c*
Cafe of Paramour ; and is often before
found in our printed Reports, where the
manner of darraigning Battaile is like- f^aT*
wife; as 1 H. d. and 13 in the L« ^0 ^
Dyer cxprelfed. -

To this may be added, though beyond
the Cogmfance of the Common-Law,that
which hath in it the beft pretext of Com-
bat; which is the faving of Chriftiair blood
by deciding in fingle fight ; that which
would be otherwife th'effecl of publique
War0 t wm

66

A Difcourfeofthe

K'g.Hovedeeie* Such were the Offers of R i . E. 3 . and

6 Adam Me- j{t 2# t0 try tJiejr right with the Frewt^
rmuib m vua ^ to ^ fo wa$ ^

Ro^'f ran. Anno between Charles of Arragov, and /Vw

7 K. 2 w. 24. of Te-rtcmc for the Ifle of #«&>,which
cempaneJeU by allowance of Pope Martin the 4th*
f«t£*r JUg^ amj j-^e College of Cardinalls,was agreed
frspagna.f. to ^ fought at Bur deux in Aqmtain*
lJ°an. de Moll- Wherein (under favour) he digrefled far
w chm- de from the fteps of his Predeceflbrs, Euge-
l9}-s R-g.de A* fitpu 5 Innocentius , and Alexander^ and

was nopatterne to the next of his name,

Is* was ^° ^ar ^rom aPProv^n8 tne Com-
itf Jf A«n* bat between the Dukes of Burgundy
Vomific 8. and Glccefter^ as that he did inhibit it
by his Bull ; declaring therein, that it
was Detefiabile genus pugn&^omni divino
& humano jure drfmnatum, & Jidelibm in-
rerdili^m^And he did wonder and grieve,
quod ira9 ambitio^ vel cupiditas honoris hu"
rnani tpjos Duces immemores faceret Legis
Domini & pilutis ater»a9 qaa prtvatus ef-
fet qukwcj3 in tali fugna decederat 1 Nam
[ape ffomp ertum efi fuperatnm fever e juftt-
tlam'. Et quemedo exiHimarc quifquam po-
tep re&unt judicium tx Duello> in quo ini-
micHS V tntatis Diabolus dominatur.
And thus farre of Combates, which by
the Law of the Land, or leave of
the Soveraigne, have any War-
rant.

It refts to inftance oat of a few Re-
cords, what the Kings of England , out
of Regall Prerogative have done , either

in

Lawfullnejje of Combats ^ &c. 6 7

in reftraint of Martiall exercifes , or pri-
vate quarrels, or in determining them
when they were undertaken: And to (hew
out of the Regifters of former times,wkh
what eye the Law and Iuftice of the State
did look upon that Subjed that durft af-
fume otherwife the Sword or Scepter into
his own hand.

ThereftraintofTourriameutsby Pro- vlatiu anr<9
clamation isfo ufuall,:hat Ineed to re- 2 31 £.1,
peat , for forme lake , but one of ma-
ny.

The firR Edftard, renowned 60th for
his Wifedome and Fortune, Publice fe-
cit proclamari, cfr firmiter inhiberi^ne quis%
fub forisfaftura t err arum & omnium tcne*
mentorHm, torneareybordeare^ufto4 facer ey
aventuras qu&rere^ feu alias ad arm* ire
frtfumat, fine Licentia Regie fyecialu
. By Proclamation R* 2* forbad any but Rot
his Officers , and fome few excepted, to ^ ^iaTll
carry any Sword, or long Baftard, under veb. ""
pain of forfeiture and Imprifonment.

The fame King,in^ CUufMAiffd
and upon the Marriage With the French 2.
Kings daughter, commanded by Procla-
mation, Ne qms Miles ^Armiger feu ali-
m Li gem am Subditus fuus> cn]ufcunquc
fiatus^alicjuem Francigenam, feu quem-
cuncjue alivm qui de foteftdte & obediential
regis exifterit^on what pretence foever,
ad atiquafaBa Guerrarum , feu atlm ar-
mor urn exigat^fub forijfaBura omnium qu&
Regi foyisfacere foterit.

F a Afldi

zsd VifcGurjeof the

Com.St.Alban.
xtR.z,

z. Vjtrspdt.
anno S K. i.

Rot. Vafcon.
an?ie 9 H, 4.
m, 14.

P lack a coy am
Regc. 11 £. 1;

And as in the Kings power it hath e-
ver relied to forbid Combats,
foit hath been to determine and
take them up.
Thus did R. 2- in that fo memorable
quarrel between Mowbray and Hereford,
by exiling them both. And when Sir
Johnde Aneftie, an&Tbo. de Cbutterton y
were ready to fight , eandem qr^relam
Rtx in man urn J nam reapit , faith the
Record.

And Be mandato Regis directum efl
pr&lium inter fehannem Bolmer, & Bar-
tramum de Vcfana in the time of Henry
the fourth.

Sir I«h» Fitz-Thomas being produced
before the Earle of Glocefler , Deputy of
Ireland , and there Challenged by Sir
William de Veffj to have done him wrong,
in reporting to the King; that Sir William
aforefaid fhould have fpoken -againft the
King defamatory words, of which Sir
John there prefented a Schedule : Williel-
mus, audita tenor* Schedule preditla 3 de-
mentitus efl praditlum lohannem, dicendo;
tnentnus efl tanquamfalfnS) & proditor,&
denegavtt cmnia fibi imyoflt a , & tradidit
vadium in manum lusliciarij, qui iHud ad"
mi fit. Et prtdiftus Johannes advecwit
omnia, & de mentitus efl flmiL ditlum
Willielm. Whereupon the Combat was
granted, and the time and place inrol-
led : bat theProcerfe was adjourned in*
to England before the King; who with;

his;

LawfulnejJeofComUt^ &c. 66

his Counfcll examining the whole pro-
ceeding, and that Quia Willie laws a-ta-
thiatusfuit adrefpondend. lthannipr&di-
ftyfuperdijfamatione princi^aliter ^ & non Rot. Pari, anxo
Jit a tat us m Regno iflo placitare in Curia *3 £• u
Regis, placita de diffamatiewbus , aut inter
parte* aliquot. Duel/urn concedere in pLt-
citisde qui bus cognitio ad curiam Regis non
pert met ; And for that the ludge , vadia
pradittoram Johannts & Willidmi cepit
pr 'mfq^am Duellum inter eos confideratuw
Cr adjudicatumfuit, quod omnino contra le-
gem eft & con fuetudin em Regni : There-
fore, per ipfum Regem & Concilium con-
cordatum eft, qnodvroce§us tctaliter adnul-
le ur : And that the fa id leh* aud ivilluim
eant inde fins die • falva unique eorum
aftione fua fi alias de aliquo m pradicho pro-
cejfu Contento loqfu voluerint.
Ill a Combat granted in a Writ of right,
/ hilip de Pugill^ one of the Champions ,
epprejfus mu ti udine hominumfe defendere
mn votuit : Whereupon the People a-
gainft him in perpetuxm defamation em fua
in codzm Dwllo Creantiant pmclamabant 9
which the King underftanding , Affenfu
Conciltj ftatuittfuod pradtR. Philip us prop-
ter Creantiam predicJ* liber am legem non
emit tar, fed omnibus liber is atlibus gaude-
ret fictit ante Duellum gaudere confnivit*
What penalty they have incurred , that
without law or licenfe have attemp-
tempted the practice of Arms, or
their own Revenge , may fome-
F 3 what

-7o A Difcourfe ofthe

what appeare by thefe few Records
following.

v/itlUm Earle of Albemarle was Ex-
P it. In dorf. 4 communicated Pro Terniamento tento con-
H, 3 . tra pracfptttm Regis. To which agreeth at

c*Mc.Trid.$tjr. this day for the DueJl the Councel of
f. Tit. Deere. Trent , and that held at Eiturio in Anno
fa Reform. E* i R '

foLiQii. John Wren hznot Surrey was fined

C'auJ. anno 3. at a thoufand marks pro quadam tranfgref.
E.i.m.z. fione in infuhufafto in AUnum de Id
Zouch,

ParLawon Talhou was committed to the Tower
H* 5* for attempting to have flaine the Lord

Cromwell.

And becaufe Robertus Garvois infultum
fecit & perenffie Edwardum filium WiRiel-
mijnqmjitio fafta eft de omnibus tenement**
&catallis prsdi&i Roberti.

Bdw. Dallmgrtge accufed by Sir Ichn
St* Leger before the Kings Iuftices p> o ve-
nAttone, & aliis tranfgreffionibus , anfwe -
red, that thefe accufations were falfe, and
Vljcha de quo threw down his Glove 5> and challenged
Warranto anno d'-frationare materia* pr adit} as vtrfiss pra-
$ R. z.Szfcx. £iftum lohannemper Duellum* Sed quia
contra legem terra, vadiavit inde Duellum,
he was committed to Prifon, quoufque j&-
ttsfa eret Domino Re^i pro contemp'u.

Sir Nicholas de Segrave^ Baron,ChaI-
lenged Sir lohn d? Cromwell, and, contra-
ry to the Kings prohibition , becaufe he
could not fight with him in England, da-
red him to ccme and defend himfelfe in

Fr since

Lawfulinefs of 'Combat s,&c. 71

Frar.ce : therein(as the Record faith) fub-
je&ing as much as in him lay, the Realme
of England to the Realm oi France ^ being
flayed in his paffage zt Dover, was com-'
mitted to the Caftle,and brought after to
the Kings Bench; and there arraigned,be-
fore the Lords^confefied his fault,and fub-
mitted himfelf to the King,^ alto & baf,:
Wherefore judgement is given in thefe
words, £f fuper hoc Dominus Kex vokns
habere avif amentum Comitum, Baronnm , ^^rvn^
MagnAtum,®- aliorum de confilio fuoy in- **** ^

juxxit eifdemjn homagio fidtlnate & Uge-
antia cjuibus ei tenentur%quod ipji conjiderent
quad* poena pro talifatlo fu'erit infligenda*
Qui omnes joab it 0 fuper hoc confilio^ dictznt
quod hujufmodi faUum mceretur peenam a-
mifionix vit <e,Whereupon he was commit-
ted to the Tower,and ic>. v4rc/?^,that at-
tended him into France ,was committed to
prifon^rraigned.and fined at 200 marks.
In the end,and after much interceiHon5the
I,. Segravt was pardoned by the King. but
could not obtain his liberty, untill he had
put in fecurity for his good behaviour.

But this courfe holdeth proportion with
anancient law made by Lotharins the Em-
perour in thefe words.D* kijs qui dijeordiis
& content iombus ftukere folent^ & in pace Ex Uee Ungi-
Dvvere noltierint ^ & inde convifii feerint, bard^.caca
ftmiliter volumus, ut per fi-iejujfores ad no- *nn9 85°.
ftrum ? aUtinmi extant j& tbi cum nofirh
fdetibus cwtydertbimtts quid de talibus ko-
minibns faciendum Jit.

f 4 A

A BREIFE

ABSTRACT

Of the Queftion of

PREC EDENC IE

BETWEEN

ENGLAND

AND

S P A I N E;

Occafioned by Sir Henry S^eyitt

The Queen oiEnglands Ambaflador ,

and the ArcibafTaoor of S idine^ at CalM>
Commiffioners appointed by the French
King , who had moved a Treaty of
Peace in the 42. year of the fame
Q. V E E N E.

Coile&ed by Robert Otton Efquire , at die
commandment of her Maje fly.
Anno Domini 1651.

LONDON,
Printed in the year i 6ft

A BREIFE

ABSTRACT

Of the Qneftion of Precedency

between England and Spai&e &Qc+

o i-rj

6 cm g

3 <•<

> z

w >

3 »

,C5 K? ra ^

3 g.
•-s ^> O O ^

•3

o

O © g.

o £ n>

-s nr*

S3 >t

3 2

o

b

O D- £l

2. 3

^ Si l»

?•> i-S O

3 3

5

o

Pre-

76

tprecedcncie of England in refpeEl
of jhc ts4?itiquitj of the King-
dome.

O feek before the decay
of the Reman Empire
the antiquity of any
Kingdome is meer va-
nity, when as the King-
doms ofChriftendom ,
now in being , had their riling from the
fall thereof ; at which inftant Vcnivern
a Native of this lfle, firft eftablifhed here
a free Kingdom foure hundred and fifty
years after Chrifr, & fo left it to the Sax -
ens fromwhom her Majefty is in difcent
Lineal^and it is plain,that as we were later
then Spmye reduced under the Roman
yoak,fo we were fooner infreed.

Subfequevcc of Spaine,

Spaive fince the difTolution of the Ro-
man Empire entituled no King, till of
late , for Attalaricw from whom they
would, upon (lender warrant, ground
their diffent , was never ftiled Rtx Hifpt-
fitd , but GctbcrHm , and the Kingdom of

C aft tie 9

Question of Precedency^ &c. 77

CaftUe , wherein the maine and faireft Rodericus
antiquity of Spdint reded, begun not SMifas.
before the year of Chrift 1017. whereas Pa»-312-
they were but Earls of CaftUe before;
fo that the Kingdome of the Engiijh
began ( which was alwaies as Be da obfer-
vetha Monarch in a Hcptarckie ) 460. Be*a'
years at the left before the Kingdom of
C aft tie or Spainr,

fpncedency of England in refteH
of t^ntiquitie of Chrift'wi [%e-
ligion*

10 S E P H ot Arawathea planted Chri-
ftian Religion immediately after the Barenius.
pafiion of Chrift, in this Realm.

And Ariftobulus one of them mentio-
ned by Saint Panic, Romans 6. was D™tb*u'*
Epifc. Brit annor urn , and likewife Sjwn
Zelotes,

The firft Chriftian King in Europe was
Lucius Sarins. Bed4'

The firft that ever advanced the papa- Mror'lus &
cie of Rome , was the Emperour Conftan- Bo-naco cm-
tinus born at Torkf* Of whom in the Re- ftantim.
»7<i»Lawesneerebistimeis written Qjd
veneranda Chriftianorum fide Romanum
mumv'vt imperinm • And to him peculiar-
ly more than to' other Emperours are
thefe Epithitons attributed Divas Diva, . . .
memorU divin tmtmori* or bis Liberator , ^Z\S
quietts fptndatQr , ReipubHc, inftaurator ,

public*

78 A brief A&ftraB of the

JwblicA libertatis au&or ± Mtgntts Maxu
mus , Inviftus • Re ft nut or urbis Romot \
atfe crbis.

Fafcicu/us And there have been more Kings and
tcmporis. Princes of the blood Royall, ConfefTors
and Martyrs in Englmd , than in any one
Province in Europe.

And from Ethelbert King of Kent i
(Converted Anno 596) untill this day,
Chriftianity hath been without interrupti-
on continued.

Snbfequence of Spaine.

In the time of Claudius , Saint lames
preached in Spaine ; but gained only nine

Tarafba. Squ^ $0 did he in Iretaxd as Fincem us
faith; and they cannot count Chriftian
religion to be then planted in Spainjwhich
fhortly after was firft tainted with the he-
refie of Prifcilian , then with Gothijh A-
rianifme , and after defaced with Moorijh
Mahumetifme from 707. years after Chrift

Taracba. [n continuance 770. years , untill Ferdi-
xando ■ King of Arragon and CaftilU un-
terly expelled the Moors.

Precedency of England in refpeS of
the more abfolute Authority foii-
ticatt:

THe Queen of Englands power abfo-
lute in acknowledging no fuperiour,

nor

Oueftioa ofPrececie/icy, 7$

nor in vaflalagc to Pope or Emperour.For Buhpum lib.s
that fubjection which by King lehnvrns
made to inmcentms the third, after in
Parliament Per praceptum Domini Papa
fep:imo lulii ,Qum fidelitate & homagio
rei^xatnr omnine*

Sir 1 homos Moore in his debellation ,
faith , the Church of Rome can fhew no
fuch deed of fubje&ion , neither that the
King could grant it of himfelfe. And En-
gubinm in his defence of Conftantines do- £x
dation, nameth not England 9 where he sanfti Ed&ar-
recited all the feodary Kingdomes of the di .
Papacie ; the Peter-pence - were not duties % x legibus Ca-
but Eleemefina Regis , neither the Rome- mtit
Scot , but Regis larga benignitat •* Parem
non habet Rex Anglia in Regno f*«; multo
for 1 ins nec fuperiorem habere debet faith
graft**,

Ipfe non debet effe fnb komine , fed fab iraftm.
deo , cfr habet tantum fuperiorcm ludicem
deum : Likewife in appointing Magiftrats;
pardoning Life , Appeale, granting pri-
viledges , taking homage ; and his lurx-
Majefiatis not limited in ccnfpc nummo-
rum , Bclio ] judicando , Pace ineun-
da.

Eleutherins the Pope 1400 yean agoe,
ill his Epiftle to Lucius King of Brittaine,
filled him Vicarius Dei in Regno fuo , fo is
the King of England in Edgars Lawes ; Balditt.
and Baldus the Lawyer faith , Rex Angli& Mrf/nfburj.
eft Monarcha in regno fuo ; and Malmef-
burie , Poft converfiomm ah fidem tot &

tantas

8o A bneje Abjlraft of the

t ant as obftintth Libert att s qttot imp er at or
imperii.

Subfequence of Spaine.

The King of S naine hath no Kingdom
but is feodory either to France or C afyila
enthralled by oath of fubje&ion and vaf-
fallage , from King Henry , to Char Is the
fifth ot France 11,69' Ex fcedere contra-
11 9 : And for the Netherlands , there is
homage due to the French King , or the
Fapaae j as Arragon to Innocentins the
third , by King Peter 1204, confirmed by
Ferdinand and A/phonf us 1 445 . arid from.
lames , by the like oath, 1453. _

And to Sardinia and Co* fie* the King
of A 'ragan 9 from theBifhops of Rome ,
were under oath of fubje&ion inverted :
Ex formula fiducia.

The Kingdom of PcrtHgall in vaffellage
to the Pope under an Annual! Tri-
bute.

And the Canaries ■ Hefperides t and
Gorgon Iflands fubje&ed to the See of
Rome under the chei fe Rent of foure hun-
dred Florins , by Lewis King or Spaine 9
I043.

FX Ettgtiblno. Or both the Indies Alexander did re-
ferve the regalities of Sifilia the Church
is chief Lord.

And Granaio and Navarre were made
feodary to the Pope, under hdm the k-
cond. Naples

gutpM of Precedency &c

Naples at every change fendeth a Pal-
frey , as a Htriot , due to the Church of
torn*-, and of the Empire he holdeth the
Dukedom of MilUine.

So that it is queftionable among Civi-
lians : whether he be Princess which hol-
deth in feeds ail of others.

His abfolute authority retrained in
jfirragon , by Inftiiia Arragonica. In
Bifcaj and other places i by particular re-
servations And his Jura Majeftatis in
Ctnfti N immorum, Bello judicando , Pace
inemda &c* Limited by the priviledges
of the State , as at Brabant and eifwhere
in his Spani/h Territories ; Ex propria
conftitutionihHS et privileges.

Precedency of England in refpeB of
wore abfolute authority Ecdefii-
BicalK

HEr Ma jellies poorer more abfolute in
in this ( confirmed by ancient Cu-
ftorhe and priviledge ) than any other
Chriftian Prince. Tor no Legtitde Latere Ex ^a
in England, de jure allowed , but the tfi*r*j
Archbifliop of Canterbury.

If any admitted by courtifie, he hath no
Authority to hold plea in the Realm, con-
trary to theLawes thereof: Placita 2. M.
4. and before he was admitted and en-
tered the Realme , he was to take oath,
to do nothing derogatory to the King
G an'd

82 A brief AkflraB of the

and his Crowne. Placita Anno prima
Henri j. No man might denounce the
Popes excommunication, nor obey his
authority on paine to forfeit all his goods,
without affent of the King or his Counfelh
Placita twenty three & thirty four Edw.
Rot. Dmelm.

Henry the Fiirft called a Provinciall
Councell, fo did Camtus and others.

No appeale to Rome without the kings
licence : Anno 32 & 34. Edrv. 1 . Inven-
tureof Bifliops and Churchmen, in the
Kings hand. E* Mat. Tarn & Ben* Hun-
tington*

De geflis Pontific, Donglm Placita. 3 2»
Ehv. 1. and in the 32.^^.3. Where
the reafon of the Kings Ecclefiafticall au-
thority , to fufpend or beftow Church li-
vings is yielded, Qn:a reges Anglia ungm-
tur. in Cavite,

Suh/equence of Spainc.

The King of Spaing can prefcribe no
civftome to prohibit the Popes Legat , nor
ufeth any authority Penall over the Cler-
gy ; Spa ;ne c9.n produce no Example of
any Provinciall Councell by call of the
King. For Bo din lib. i.eap. 6- towards
the end writeth , that the Kings of Spaing
N&n fing magna mercedg impetravertint
Sixti Pcntificu Rcmani rgferiptoneferigri*
kis facer dot ia tribuerentur.

Ap-

Queftio// of Precedency, &e* 8 3

Appeales from the King te> Rome al-
lowed. So the Kings of Spaine, have
merely no power Ecclefiaftkafl 9. having
difpoyled himfelf of ail, by inthralling
their Kingdome to the Church of
Rome,

(precedency 0/ England,. in refpeB
of Eminency of %nya\l Vigni-
tie.

TP He Kings of England are anointed as
X the Kings of France, who onely have ^u^L**'*
their preheminence before other King- Zli*. *~
domes declared by miracle, in the cure of
the Regius morbus, whichthey can effed
onely; and that of antiquity : Vox Edward
the Confeflbr healed many.

2 They are fuperiour Lords 6f the
Kingdome of Scotland and CMan, and
Vicar ii Imperii ; as Edward the third and
Of&ald intituled Rex Cbrifiianift?ms : ve.
Peda lib. 2.

3 They are named Ft III adoptivi Ec-
ctfn'a, as the Emperour Filius Primigeni- Fiatina,
ins, and the King 6f Trance j Filius nam
minor : vide Platina.

4 They are accompted among Reges

ftiver illujtres, in this order : . 1 operator , coyfettfts,,
Rex FrancUy Rex AnglU & FraucUyidc
V or fetus.

5 England in the Generall Councells
at Conftwee and Pifayizs made a N ati on 5

G 2 wheft

34 Abriif 'akflratJoftbe

Ex Ub.SMf*' when as all Chriftianity was divided into
Tftm camm> four Nations, Itatlicam^GaUwam^Germa,'*
*r' nictm, & Anglic aw* Ex lib fucyarum

Ctretnoniarum Ecclefa Roman a.

6 Whereupon feat accordingly was al-
lowed at the three ,Generall Counceils,
( onfta»ce, Kja^unnAitothtEng.
M; Ambaffadorsnext to the Emperour
un the left hand, and to the King of
France on the right hand : which were
their Ancient feats before the Spaniards
at Pafi/l 143 1. begun to contend for pre-
cedcncy*

Where it was in the firft Seffion orde-
red that all Legats (hould hold fuch their
places, as they had enjoyed heretofore,
according to their worth and antiquity :
Yet in the Councell of Trent the prece-
dency of France with Spaine was made
queftionable.

Jtignftus de Cavalles , as the ltrongeft
reafon to bar the French Intereft , inter-
red the Qiwen of England from her An-
ceftors, both inrefpeft of Inheritance,
Conqueft, and gift, d \nre Queene of
France. By which reafon when he doth
Oiake or overthrow (as he thinketh ) the
Precedency of France , he doth confe-
quently lengthen the Precedency of
Mnglan^.

And in Treaty between Henry the ie-
venth, and Philip of CaftiU, 1506. the
Commiflioners of England did fubfigne
before the other, And in the Treaty of

Marriage

Queftion of Prtctchncy, &c 85

Marriage with Queen Maryy Anno 1533
thofe or England are firft rehearfed - And
at Barbroagh Anno 1588* they gave it to
her Majefties Ambalfadors.

And yet in refped of the Eminency of
this Royall throne, to the See oft ante> -
bur j was granted by Urbane , at the
Councell oii'U^emonnt^ Anno 1096* for
ever, the feat in Generail Counceil , at
the Popes right foot, who at that time ut-
tered thefe words; lucludamm kmc in
orbe noftro tAnquamdUcrius or bis Pontifi-
cem Maxim fipf.

Subfequi?iceof Spain.

1 The Kings of Caftiie are never anoin-
ted, neither hath the So*ntfk Throne that
vertue to endowe the King therein !nve-
fted, with the power to heale the Kings
evill •• For into France doe yearly come
multitudes of Spaniards to be healed
thereof.

z NoKingdomeheld in fee of him.

3 Spaine then not remembred one of
the Sons of the Church.

4 The King of Spaine placed iaft af-
ter the King or England, inter fuper t\ln~
fires, by the faid Corfettus,

5 The Kingdome was then comprifed
under I tallica natio, and no Nation of it
felf, as in old it was called Iberia minor 9

as a member of ltaljm> Ibcri* major* V*i&w*

Gar pus.

*A brief Alflratt of tie

JEnglandhtxng Britannia ma\or.

At which time the Spaniard contented
himfelf with the place next to the King of
France*

HEr Majefty in Lineall difcent is de-
duced from Chriftian Princes for
800 years, by Ethelbert a Chriftian $96-
and the Matches of her progenitors moft
Royall with France fiermwy^ Spain.

For their Antiquity of difcent as Kings
of Spain is chiefly from the Earls of C afti-
Ha about 500 years fmce.

For they cannot warrant their difcent,
from Atalaricus the Gbt1s\ and as Dukes
otAvftria from the Earles ot Htpsbxrgh
onely about 390 years lince.

Their matches anciently for the moft
part with their fubjeds , and of late in
their own blood.

Precedency of England, inrefpeB

Precedency of England fofae
Spaine,m refaettof the Nobility
of Blood.

Que ft ten of P rtcedtxq, &c. 87

This we would not have alleged , but
that the Spauifi AmbafTador at fafi/i, ob-
jected in this refped the minority oiti.x-
rj the iixt.

Her fex herein nothing prejudicial!,
when as both divine and humane Lawes
do allow it, and accordingly Spain?, Eng-
land^ and Hungary ^ infomuch, that Mary
Queen of the laft, was alwayes {tiled,/?**
Mario Huna-ariA* vide Tilixs* ...

Subffqucnct of Spaine*

The King oiSpaine yet in the Infancy
of his Kingdome.
For the Precedency may be alleged, viz.

The Antiquity of the Kingdome, when
as CafiileiArragon, Navar and Portugal^ *A*no Chrifil
had their firft Kings about 1025. 1015.

The ancient receiving of the Chriftian a ^
Faith, by lefepb of Aramatht* , Simon
Zelotes, Ariflebulus, yea by St. Peter ,and
St. Paul, as Theodorems, and Sofhrinius
do teftifie.

The Kingdome is held of God alone ,
acknowledging no fuperiour , and in no
va{Talage to the Emperour or Pope, as
Naples, Sicilia. Arragon, Sardinia, and
Corfica, &c

Sir Thomas Moore denyeth, that King
lohn, either did, or could make England
fubjed to the Pope, and that the Tribute
was not paid (pag. 296.) but the Peter-
G 4 pence,

88 ji brief e AbflrAB of the

pence \ were paid to the Pope, by K. John,
byway of Almes.

The abfolute power of the King of
England, which in other Kingdomes is
much reftrained.

England is accompted the fourth part
J4ry of Chriftendome ; For in the Counceli of
Conftance all Chriftianity was divided , in
tiationcm,vi%,. ltalica,m - G ermanicamfi 'al-
licanam, cr Angllcanam, anct accordingly
gave voices.

England in the opinions of the Popes is
preferred, becaufe in it is conteincd in the
Ecciefiafticall divifion, two large provin-
ces, which had their fever al 1 Legati nati
when as France had fcantly one. *
Anno cbrifu The Emperour is accompted major fiti-
ui Papa, the King of France filim minor,
the King of En^Und, fiUns adoptivw.

The Archbifhops of Canterbury , are
accompted by the people, tanqus.m alteri-
w or bps Papa, and appointed to have place
inGenerail Councels, at the Popes right
foot.

The title of Defenforfidei, as honoura-
bly,and as juftly beftowed upon the Kings
of England, as Chriflianijfimus upon the
French; or Catholicus upon the Spani-
ard*

Edward the third ,King of EngUndfNis
* f 33?? created by the Emperour, Vicarim Perpe-
tuus Imperii ; cum jure vita, necifque
in omnes Impcriijnbdito?, and the Kings
pf England, Papa Vicariiy by Pope Nicho-
las

Que ft ion of Precedency^ &fc>

las the fecond, vide C OP GRAVE.

Innocentius the fourth, the Pope faid, im*-
<vert hortus de tic: arum eji AnglU^vere pu-
tcus tnexhaufius uki multa abundant, {frc*
King Befo. 2. ele&ed King of hrufaUm 1185,
by the Chriftians.

Richard the firft conquered the King- * W*
come of Cjf*usy and gave it unto Guy
Lufig ia t% whofe pofterity raigned there
until! of late years.

Kings of E*gUnd are fu peri our Lords
of the Kingdom of Scottatidj&& are abib-
lute Kings of ali the Kingdom of Ireland.

En^ Und is not fubjed: to Imperiall and
Roman Laws, as other Kingdomes aret
but retaineth her ancient lawes, and lura
municirialia.

King Hwry the fixt was Crowned King
of France at Pari*.

The Kings of England did ufe the (tile of
a Soveraign^vir. Alti conar.tis D *, Largi-
flua, C 'iementia qw ejl Rex Re gum & Do-
mivus Dominorum.

Ego Edgtrus a-'glorum @z<ri*ti>t Ow-tumcf ],
Re gum Infularumfa Oceani Britanici
Circumjacent i^my cuntl trum que
JXationum qua infra earn in-
cltidnniur , Imyerator Ac
Deminus.

A

A

REMONSTR AN CE

OF THE

TREATIES

f|; * % OP '

A M IT i E

AND -

MARRIAGE
Before time , and of late,

of the Houfe of AV$T%f A

and ST.ill^E, with the Kings
or ENCjLAND, to advance tbetn-
fclves to the Monarchy of Europe.

Written by Sir Robert Cotton , Knight
and Baronet.

LONDON,
Printed in the Yeare t$f£

r

91

«|> <}><Jo <J>cJ i|> ^ cja <J>tJ cj- ^f. cjo $ tji $ <J> $ tj^^fc

A JRemonftiance of the

TREATIES
A MIT IE

AND

MARRIAGE

Before time y and of late of the

Houfeof AUSTRIA and
SPAlATEy &C.

Mfft excellent Majetty,

^s*£*/$5>E E your Lords Spirituall and
Temporal I and the Com-

mons of your Realme Af«
fcmbled in this your Parlia-
ment , having received out
of your meere grace, your Roy all com-
mand, to declare unto your highnefle
our advice and Counfell , for the further
continuing , .or finall breaking of the two
Treaties betweene your Majefty the

Emperor

A Remohjlr 'ance of the Treaties

Emperor and the Spamfh King touching
the rendition of the Palatinate, to the
due and former obedience of your Iiluftri-
ous Sonne the Prince Palatine; and that
of Marriage , between the Lady Mary In-
fant of Spsine , and the moft excellent
Prince your Sonne , now Prince of Wales;
We conceive it not unfit to offer up to
your admired wifdome and confideration
i:hefe important Motives that induced our
fubfequent advice and refolution.

By contemplation whereof, we afTume
to our [elves that your Majefty apparently
feeing the infinite Calamity fallen of late
unto the Chriftian world , by means of
thefe difguifed Treaties of Amide , and
Marriage before time,frequently ufed with
your progenitors , and now lately witli
your feife by the houfe of Aujtria , and
Syaine ; to advance themfelve> to the Mo-
narchic of Europe i will gracioufly be piea-
fed to accept our humble advife.

< .^ iaximili^w the Emperor , and Ferdi-
nand of Spaine uniting by marriage the
pofTeifions of the Houfe of Jnftria 3 the
Netherlands , Arravon , Qaflile , Sci~
cilie , and their new difcovene's , to' one
ftcceeding heire , began ( though a farrc
off) to fee a way \rhereby their Grand-
child Charts 9 might becom the Matter of
the Wefterne world , and therefore
each endeavoured by addition of Ter-
ritories , to facilitate that their defired
end.

Trance

of tAmitj and Marriage 3 g 5

Fra ?te was the only obftacle, whofe
ambition and power then was no lefle
than theirs ; he lay in their way for Gel-
ders s by Tiding with Duke Char Is ; for
Navarre protecting Albert their King,
for their peeces in Italy 5 by confederation
with the State of Venice ; and for Naples
and Millatn by. pretence of his own.
They were to weake to worke out their
way by force , and therefore ufed that 0-
ther of craft.

Lewis is offered for his daughter Claude
the Marriage of Char Is their Grandchild,
it is at B toys accepted , and to them con-
firmed by oath : the claime of France to
Naples by this releafed one hundred
thoufand Crowns yearly , by way of re-
cognition only to France referved , who
isbefides to have the invefhire of Mil-
lain for a famine of money , which the
Cardinall D* amboyes , according to
his ;Mafters Covenant , faw difchar-
ged.

Ferdinand thus polTeffed of what he
then defired , and Maximilian not mea-
ning to ftrengthen France by addition of
that Dutchie or repayment of the money 3
•broke off that Treaty to which they
were mutually fworne , affiancing charts
their heire to A ' try the daughter of Hen-
ry they ; to whofefon Arthur Ferdinand I5r°^-
had married Katherin his youngeft daugh-
ter.

This double knot with Engjand, made

thera

A Remo/j ft ranee oj ihe

them more bold ( as you fee they did )
to double with France : but the Prince of
IYaUs his untimely death , and his fathers
thatfhortly followed i enforced them to
feek out , as they did , another tye , the
Spirit and power of Lewis , and their pro*
vocations juftly moving it : they make up a
fecond Marriage ht-Kaihtritte with Htri-
ry the eighth , fonne of Henry the fe*
venth ; and are enforced to make a Bull
dated a day after the Popes death to dif-
pence with it j and confummate per verba
depr&fenti , by Commiflioners at Calls,
the former Nuptualls of char Is and Mar
rj y publifhing a Book in print of the be*
nefit that (hould accrew to the Chriftian
world by that Alliance.

Henry the eighth left by his father
young and rich , is put on by Ferdinand
to begin his right to France by the Way of
Gujen ; and to fend his forces into Spaine,
as he did y under the Marquette Dcrfct ,
tojoyne with his Father in Law for that
defigne , by reputation whereof Albert of
fcavarre was enforced to quit that State
to Spaine ; who intended as it proved ,
no further ufe ofthe Englifh Army than to
keep off the French King from a /li fting
Albert , untillhe had pofleffed himfelfe
of that part of Navarre , which his fuc-
ceflbrsever finceretaine. For, that work
ended, the Englijh forces were returned
home in Winter,nothing having advanced
their Mailers fervice.

The

of si mi y and Mdrria &c . 9 7

The next yeare to afTure Henry the 151 3
eighth , grown diffident by the laft carri-
age of Maximilian and Ferdinand 5 wkofe *
on4y meaning was to lie bufying of the
Fjrinek King at home , to make an eafy
way abroad to their former ends , project
to the Englifh King an enterprife for
Frarce , to which they afTured their alli-
flance , by mutuall confederacy at Mec-
lin ; for which Bernard de Me fa j and
Lewis de Carror^ for Caftile and Arragm^
and the Emperor in perfon gave oath,
who undertook , as he did , to accompa-
ny Henry the eighth to lurwyn.

Ferdinand in the mean time difpatching
the Vice-roy of Naples into talj , to bu-
fy the French King and Venetian^ that the
Eng iib King with facility might purfue
the conqueft of France .

Henry the eighth had no fooner di-
flrefTed the French King , but Ferdinand ,
refpeciing more his profit than his faith ,
clofed with Ltwis , who renounced the
protection of Navarre and Geldcs , fb
hee and Maximilian would forlake
the tye they had made with Henry the
eighth.

The Vice-Roy of Naples is inftantly
recalled from Breffa ; a truce with Spain
& France concluded; Quint can lent to the
Emperour to joyne in it; Don Jahn de
Manuel^ and Diego de Cafiro im'ployeo 1514
to worke the Emperor , and Charles the
Grandchild to exchange the marriage of
H Mary

*8

Mat) , Henry the eighths Sifter, with
Re ve the fecond daughter Of the French
King : and Z,<?iWj himfelfe to take EU-
mr their Necce to wife : and to clear all
difpute about the conditions , a blanck
is fent from Spaine to the French King to
over-write what he pleafe.

Henry the eighth perceiving this clofe
and fowle play ; entertaineth an overture
made by the Duke de Longwil then prifo-
nerin England , for a Marriage of M.iry
his Sifter with the French King , which
effected ,, the two fubtile Princes failed of
their ends.

ijij Lewis dead , and Francis fucceeding ,

he made his firft entrance a league with
England , the recovery of AiilUnt
which he did , the protection of his neigh-
bours , and reduction of the Swifts
from the Imperiall fide i for which he im-
ployed to them the baftard of Savoy.

Maximilian and Ferdinand feeing by
this all their new purchafes in danger 9
and that they had now no difguifed mar-
riage againe to entertaine the credulity of
Henry the eighth , they worke upon his
youth and honor.The Emperor will needs
to him refign his Emperial Crown as wea-
ried with the weight of Government and
diftr action of £#^f , which needed a more
active man then his old age, to defend the
Libertie of Subjects, and Majefty of Prin-
ces from the Tyranny of France*
That he had made the way already for

him

of Amity .in d Marriage, 9 9

him with the Electors -b that he would
fend the Cardinal! Scauncnjis , with am-
ple commiflion into England to conclude
the refignatton , which was done. That
at Aquif e he will meet Henry the
eighth , and there give up hisfirft Crewu,
from thence accompany him to Reme ,
where he fhould receive the laft right of
the Imperiall dignity , putting Verona in-
to his protection , then affailed by the
Jfyktitm \ and giving him the ihveftt-
ture of Ulane in feodo , more Imperi-
al* , then in poffefiion of the French j
to tye his aide the fafter againft thefe
States.

Hereupon Henry the eighth conclu-
ded a defenfive league with theBifhop of l*xf
Meft and Count ,Daciana , authorifed
Commifli oners from the Emperor, Ar-
ragon , Caftile , and fendeth his Secre-
tary Matter Pace with money , for Max-
imilian had:already borrowed and broken
to entertain the Swiffers into pay and con-
federacy againft France.

Charles the Grandchild muft feign a
difficulty to;fwayhis League, untill the
Emperor at Henry the eights coft , was
fetched from Germany to the Nether-
lands to work his Nephew to it , who
in the interim had clqfely contracted a
peace by the Grandfathers confent with
France. No fooner had Alaximilian re-
ceived ten thoufand Florins of therEngiifk
King to beare his charge , batthe Treaty

Hz of

I JO

A RemonjirAfjce of the Treaties

of Nsjon , was clofely between him , Ar-
ragon and Caftile concluded , whereby
the ten thoufand Crowns for recogniti-
on of Naples was paffed from France to
the Emperor, and Ckarls himfelfe affi-
anced to Leyfia the Frenjhl&mgs daugh-
ter, and alfo dackly carried , that when
Mailer Pace at f fno came downe from
the Emperor with his Signature of the
confederacy , the French Kings Ambaf-
fador went up the back Stairs , wi h fix
thoufand Florins, and the tranfa&ion of
the Peniion of Naples to Maximilian ,
and there received his confirmation of
the Treaty at Noyon • notwithstanding
the fame day the Emperor looking upon
his George and Garter , wifhed to
Wtngifeild , Henry the eights AmbafTador,
that the thonghts of h's'heart were tranf-
parent to his Mafter.

So difplesfing was this foule play to the
Cardinall Sedunenfis , the Emperors
chiefe Counfellor , that he writ contra per-,
fidivn Frixcipum , againft the falfhood
of his own Lord, a bitter Letter to the
Engl iff? King; who finding againe how
his youth and facility was overwrought by
thefe two old and fubtill Princes , his vaft
expences loft, his hopes of France lefned ,
and that of the Emperor vanifhed ( for
i S 1 8 Maxmilion is now conferring the Title of
Rex Romanorum to one of his Nephues )
concludeth, by mediation oftheAdmi-
rail of France , a peace with that King ;

a

of Amity a ul M&riagB&ti

a marriage for the Dotphi* f^cis W:th
the Lady Marf , and the re-delivery
of »mu*j , for a large Surame of Mo -
ney

Not long after Afaximiliin dieth
leaving the imperiall Crown in Compel

• £lti!0? j* FrMec and Ca#<l<- Char/,
whofe defire was, as his Anceftors, to'
weave that wreath for ever into the A*.
J?™* Family, began tofearethe power
of his comvall , with whom the Pope

T* a !d Van,d the ****** Kin§ ftood
sffured by. the late marriage of th?ir two
Children. To draw ofFthe Pope he Anew
itwasimpoffible, he was all French. To
worke m Henry the eighth, he found
the inconftancy of his predeceffors and
the new match to lie in the way! To

£"r hei,sfaine> his Letters

into Englend to load his two Grandfa-
thers with all the former afpertions his
years , and duty , then tying him mo're to
obedience than truth: but that he was a
man, and hirofelf now . that mutual!
danger would give affurance, where o-
therwifefingle faith might be moulted-
Fra-.ce was in it felfe , by addition of Brd
ta«y more potent than ever, this man
had rejoyned (to it fome important pieces
•n Italy , and fliould his greatnefTe grow

CrLrnUP,byaCC^°n °fthe i«P^aH
^-rown how eafy were it to effect in-
deed what he had falhoned in Fancie, the
Monarchy of£«^,. Asf0r the young
H ? Lady

A Rtwonfit trice of the Treaties

Lady , who was like to Jofe her ^husband
if Henry the eighth incline to this Coun-
fell , and aflilt Caftile in puiTute of the
Emperor- he was contented ( for Loijta
of France . efpoufed to him by the Trea-
ty at Noyon , was now dead ) to make
tip the lotfe of the Lidy Mary by his own
Marriage with her ; a match fitter in
years , for the Dohhm was an infant , as
great in dignity • for he was a King,
and might by the aififtance of her father
be greater in being Emperor.

Thus was Henry the eighth by fears and
topes tutned about againe , and Pacj
forthwith fent to the Ele&ors with in-
ftru&ions & money, who fo wrought that
Char Is was in My chofen; Emperor : and
that it was by the fole work of ff**ry the
eighth , himfelf by Letters under his hand
acknowledged. From Aqmfgr.ive , he
commeth Crowned the next yeare for
England , weddeth at winfar the Lady
Mtiry -y concludeth by league the invafion
of France , and to divide it with Henry
the eighth by the River of Radon , making
oath at tbe high Altar at Pauls for perfor-
mance of both thofe Treaties.

Hereupon France is entred by the
Englifb army , and Bwbm wrought
from his Allegiance by a difguifed pro-
mife of this Emperor of Blianw his Siller
for wife, to raife forces againft his Matter,
which he did , but was paid by the EngUfh

(f Amity am Ma; Ytige^fc. 103
:- — . — — —

The French King to carry the wars is 14
Frcm his own dores 9 maketh tow ards Mi- My
/ m ; whereby Br.rbon and his forces were
drawn out of Province to guard the Jm-
periaiis in Italy.

At Pxvic they met, and the French ill*
King was taken prifoner , and forthwith
tranfported into ^patnc ; where at - fair id
the Emperor forced his confent to that
Treaty, whereby he gained Bwgundj ,
and many portions in the Ntithirlands ;
leaving Henry the eighth who.had bore
thegreatell charge of all that Warre ,
not only there unfaved , but calling a
Parliament at Toledo, taketh by ailign-
mentofhis States b IfnbiUa o{ Port n gall
to wife , procuring from Pope Clement a
Bull to abfolve him of his former oaths
and Marriage , working not long after by
Ferdinands his Chaplain, the Earle of
DefivvJto Rebell in Ireland, and lame s
the fifth of x Scotland , by promife of Mar-
riage with his Neece the daughter of
Denmar^e ; to whom he likewife fert
Munition, and money, to buiie Henry
the eighth at home , that he might be the
leiTe able to requite thefe indignities he
had fo done him. And to lhew that
his ambition was more than his piety ,
he Ordered by inftruftions , flrft the
Duke of Bur bo* , and after Hugo
de M&nfado to furprife Roma and the
Pope; fending Angelo an obfervant Fri-
ar thither, whom he had afligned to
G 4 the

I04 A Rem)?/ prance of the Treaties

thePapall Throne, intending to reduce
the choife of the See from the Cardi-
nallsagaihe, to the Empire , and there
to fet up a fir ;t -Monarchic

But his defigne by a needfull confede-
racy , as now of the Pope , French
King , Princes of Itafj and others ,
witn Henry the eighth , who was made
Ca ut fxdoris , was to the fafety of all
Chriftian Princes, prevented happily ,
and hclhimfeife reforced at Camhay
in the yeare one thoufand five hun-
dred twenty and nine , to re-deliver the
IU9 French Ki g, and many peeces of that
Crown he had wrefted away by the
Treaty of Madrid^ and to fit down with
moderate and faire conditions againft
his will.

His waking Ambition would not long let
him reft, but againe he plotteth to break
the knot between the French and ExgLjh
Kings.

To worke this , he afTureth , by con-
trad:, his afliftance in furtherance of
Binry the eighths Title to France *
and to make the greater beliefe , offe-
reth a marriage to the Lady M iry ,
fo lhe might be declared againe Legiti-
mate.

Hen-y the eighth accordeth with him ,
and advanceth his Army into France ,
where he had no fooner recovered l ul-
lejn ? but tbr Emperor catching advantage
on the French Kings neceflities , falleth

of Amity and Mrrriag e^jfc. 105

off from his former faith and promife , 14 stp-tmb.
making up a peace perpetuali with Fr*aft\ *
whereby all claym from the Crowne of
ArrfKTon , Na'Hes, f landers , Arras. GW-
ders , and other parts was releafed, and
mutual 1 confederation for reftitution of
the Catholick Religion concluded betwixt
them both.

Edward the fixth fucceeding his Father
borbears all Treaties with spaive , but
thofe of intercourie, perhfring as formerly
in union with the Princes of Gerwa f,
and his other Allies, preventing thole
expences and dangers , which his Fa-
thers beiiefe and confidence of Sfcune had
tailed of before.

His Sifter and SuccefTor Ma-y , en- «
tertaining that fatal! Amity with the i5
Emperour and his fonne, by Marriage,
embarqued her Eftate in a dangerous
war, whereby the Realm was much im-
poverished, and ■ alike

Her Sifter of happy memorie fucceeding
made up that breach, by that three-foid
Treaty at C imbruj, 1 > 5 3.& Where King
Phil'm as bound in honor , flood bound
for aid in Recovery of C dice ; But his
own ends by that Covocation ferved , he
left her after to vvorke out her fafety her
felfe alone ; yet bearing that a Vnion of
France and your Realmes, in the perfon
of your moft vertuous ' Mother , then
married into Franst. He under a feigned
pretence of Marriage, wroughc,by Car*f-

lOf *A Remoaftranct of the Tt cities

fa, and his Faction of other Cardiualls , a
flay of the Popes Declaration againft the
Queen of England^ more his own fears,
than his love procuring it.

Yet the Princely difpofition of this
Noble Lady, taking thole pretences for
reail favours , was not wanting both with
her Counfell and Purfe ; for fhe implod-
ed many of her ableft Minifters to medi-
ate , and disburfed upon the aiTurance of
Brabant ?and- the good Towns of FUxders
1578 whofe bonds are yet extant, for reducti-
on of thofe Provinces to his obedience,
150000 li. one hundred and fifty thoufand pounds.

But when (he found his aime to be
the violating of their ancient liberties,
and in it faw her own danger involved ;
Her Counfell advifed her,not to leave the
afli fiance of thofe People, France , and
thofe other Princes that lay as her felfe in
danger, to be (wallowed up in his ambiti-
ous ends, who, when he intended the
Conqueft of her Eftate, to blind her with
t fecurity, prefented by Carelo LawfrMco^

* 7 and the Prince of Parma, a Proposition of
Peace; graced with as many Arguments of
honeft meaning, us his Progenitors had u-
fed to her Father^ which (he accepted :
but not without a prudent fufpition. For
when the treaty was in height,he brought
his Invincible Navy to invade the Realm,
the fuccefs whereof was anfwerable to
jhis Faith and Honor. She left not that
injury without Revenge, but forced him

of *Amit] and Marriage y &c. I ©7

in his after Raigne, to that extremity ,that

he was driven to break ail faith with thofe

Princes that trufted him; and paid for one 2 JJJ^-^

years Intereft, about twenty five thou- 9j cttwaes. '

fand Millions of Crowns.

So low and defperate in Fortunes your ^ ?
Highnefs found him, when to all our com- v^ £™*s*
Forts you took this Crowne; Then from
From the abundant goodneis of your
peaceable Nature, yon were pleafed to
begin your happy Raigne with generall i6
quiet, and with Spdn the firft, which
ftiould have wrought in noble Natures
a more gratefuU Recompence than after
Followed : For long it was not before
Tyrone was hartned to rebell againft your 1 6q6
Highnefle , and flying, had penfion at
R^me^ paid hina from the Spa*ifh Agent.
His fonne Odenell Tirconell, and others
your chiefeft Rebells, retained ever fince \6\z
in Grace and Pay with the Arch-dutchefs,
at Spains devotion.

As fooneas your eldeft Sonne of holy
memory now with God, was fit for
marriage , they began thefe old diF-
guifes by which before they had thriven
io well, &c.

Twenty

Twenty Four

ARGVMENTS,

Whether it be more expedient to fupprefs

POPISH PRACTISES

Againft the due

ALLEGEANCE

OF HIS

MAIESTY.

By the Strift Executions

touching fefttits and Semi~

nary Preifts ?
O R>

To reftraine them to Clofe

Prifons, during life, if no Refor-
mation follovr?

Written by Sir Robert Cotton 7 Knight
and Baronet,

London^ Primed in the Year,id>ji

Ill

Twenty Four

ARGUMENTS

Whether a be m«ss expedient to fupprefs

POPISH PRACTISES

Againft the due

ALLEGE ANCE

To His
MAJESTY.

By the Stricl Execution

touching Jefuits, and &-

minary Pnefts, &c.

Am not ignorant, that
this latter age hath
brought forth a fwarm
of buile heads , which
meafure the great My-
fteries of State, by Hie
rule of their fe If- conceited wifdomes ; but
if they would conftder,thaj: the Common-
wealth, governed by grave Coanfellors is

like'

11^ Twenty jour Arguments

» like unto a Ship directed by a skillfull Py-
ioc , whom the necefiities of occafions ,
and grounds of reafon , why he fteereth
to this, or that point of the Compafs , are
better known, then to thofe that ftand a
loofe orT, they would perhaps be more
fparing, if not more wary in their refoluti-
ons ; For my own particular Imuft con-
fefs, that I am naturally too much incli-
ned to his opinion, who once faid , Qni
bene iatuit, bene vixit , and freftlly cal-
ling to minde the faying ofFunctius to his
Friend, at the hour of his untimely death
Dlfce meo excmplo mandato mancre fu*gi*
Etfnge feu pefietn

I could eafily forbeare to make my
handwriting the Record of my opinion,
which neverthelefs I proteft to maintain
rather deliberatively, than by the way of
a conclusive affertion; therefore without
wafting precious time any longer with
needlefs Prologues,I will briefly fet down
the queftion in the termes following,

VVheiher it be more expedient tofup-
pre/je Fopifh PraBifes , agai/sjt the
due iAkegednce to his Matefty^by
the flriB Executiou touching Jefu^
its and Seminary Priefis : Or to re*
ftraia them to clofe Prifons y du-
ring life, if no Reformation \oU

In

concerning Popijb (ractifesj&C. 1 1 j

hifaVW oftkefirjl Divi/im.

*T Here are not few, who grounding
• I themfelves on an Antient Proverbe
A dead man bites not, aftirme , that ."Jn^V,^
fuch are dangerous to be preferred letiefov is an
alive, who being guilty, condem- iU Gue' dim
ned, and full of fear , are likely for pur- ra P"aces
chafe of Life and Liberty, to inlarge their Perfol1,
uttermoft in defperate adventures, againfl
their King and Lountrey.

2

No lefle is it to be feared,that while the
fword of Iultice is remifs, in cutting off .e/lsfeJdoda
heinous offendors againfl: the Dignity of by t'he rude
the Crown, the mif-lead Papal! multitude, people inter-
in the interim, may enter into a jealous ?;cte<f m the
fufpenee, Whether that forbearance pro- bcA*ffffv
ceed from fear of exafperating their des-
perate humours, or that it is now become
questionable, Whether the execution of 19
their Priefts, be Limply for matter of
State, or pretended quarell for Religi-
on.

And whereas in a remedilefs iriconveni- There is no f

ence, it is lawfull to ufe the extremity of hoP?of Kz[ox"
. n r c » i r (nation, where

Lawes agatnft fome few, that man^ by the tfcere ig*nd

terrour of the example, may be reformed; Confeffioa oF

what, hope can there be that Ciemencie thcfaulc.

I may

ii4

Twenty four Argument

Whi's Jufttce
Hccps, the time
fcrvcs to fove
new§,and raife
Factions.

Fcarfull fp!-
rt s, by fuff -
rance,grow in-
fo'eru and
crucll.

Union, in a
prepared con-
fpiracie, pre-
vailcs more
than number.

may tame their hearts, who interpret His
Majeflies grace in tranfporting their
P'riefts out of His Realme, to be a meer
fhift to rid the Prifons of thofe whom
Confcience could not condemn of any ca-
pitall crime.

.4

Neither are their vaunting whifperings
to be negleded, by which they feek to
confirm the fearfull foules of their par-
ty, and to inveigle the ignorant, doubt-
full or difcontented perfons : for if the
glorious extolling of their powerful!
rriends, and theexpe&ance of a golden
day, be fuffered to win credit with the
meaner fort, the relapfe cannot be fmall,
or the meanes eafie to reform the error,
without a generall combuftion. of the
State.

5

Let experience fpeake fomewhat in
this behalfe, which hath evidently def-
cryed , within the Current of few
years , that the forbearance of feveri-
ty, hath multiplied their Roll in fuch
manner, that it remaines as a Corro-
five to thoufands of his Majeflies well-
affe&ed Sub/e&s.

6

To what purpofe fervesit to mufter
the names of the Proteftants, or to vaunt
them to be ten for one of the Roman
Fa&ion ? as if bare figures of numerati-
on could prevaile againftan united par-
ty

concerning Popijh pra8ifes) &C„ k 1 1 $

ty, refolved^ and advifed before hand,
how to turn their faces with affurance,
unto all dangers v while in the meane
time , the Proteftants neaftling in rain
fecurity , fuffer the weed to grow up
that threatneth their bane and mercileffe
fuine.

7

Sometime the Oath of Supremacy It is hard to
choaked their prefumptuous imaginati- pelade thofe
ons; and yet could not that infernall oUh^dc^
fmoke be fmothered i nor the Loeufls ILn^y orwhe"
iffuing thereout be wholly cleanfed from pope^tc Scarce
the face of this Land* Now that the maftersofiheir
temporall power of the King , contei- °wnSou!*9
ned in the Oath of AUegeance, is by
the Papall See , and many of the Ado^
rers thereof i impudently avowed to
be unlawfully fhall the broachers of fuch
Do&rine be furfered to live , yea and
to live and be relieved of us, for whofe
deftru&ion they groan daily ?

8

To be a right Popifh-Prieft: , in true Mate benefa-
Eng/ifh fenfe, is to bear the Charad- cm^amundtm
er of a difloyall Renegtdo of his natu- fA ac bonis
tall obedience to his Soveraigne , ™*f«*'*
whom if by connivencie he fhall let
flip , or chaftife with a light hand,what
immunity may not traiterous Delin-
quents in lefTer degrees exped , or chal^
lenge, after a fort, in equitie and jvh
flice?

Ia 9 If

] $ Twen: j fo si r A < g u m t h t s

9

Fd'o.vdiip 'm If there were no Receivers;there would
n.ifvry ca ctii be no Jheevcs : Likewife if there were no
damor&of nar^ourers of the lefuits, it is to be pre-
muitituce, Ju- fumed, that they would not trouble this
ftlec is ma »y Ifle with their preTence, therefore rigor
im i ;v?adcm- mud be extended againft the Receiver,
ne* that the lefuits may be kept out of

dores, were it then indifferent juftice,
to hang up the AccelTary, and let the
principall goe free, namely to fuffer the
Prieft to draw his breath at length,
whiles the Entertainer of him un-
der hi; Roof mbmits his body to the
Executioners hands ? without doubt
if it be fit to forbeare the chiefe , it
will be necefTary to receive the fe-
cond offender into protection, where-
with a mifchief mutt enfue of continu-
all expence, and fcandalous reilraint of
fo great a number.

10

Reputation is one of the principall
Arteries of the Common-wealth, which
Maxlme , is fo well knowne to the
Secretaries of the Papacy , that by
private Forgeries , and publique im-
preflions of Calumniations, they en-
deavour to wound rs in that vitall
part; howfoever therefore fome few
of that ftampe , being better tempe-
red than their fellowes in defence of
this prefent Governement, have not
fpared to affirme that Ijravnj is un-

juftly

concerning Popish pr>ii~lifes£?c . 1 1 7

juftly afcribed thereunto, for fo m.vich as

freedome of Confcience after a" lore

may be redeemed for money, notwkh-

(landing there want not many Pam- It is net good

phleters of their iide , who opprobri- tofet price oa

oufly caft in our, teethes , theconver- i.hatrw^icb.1^e.'

ting of the penalty inflifted on Recu- J^lJL

fants, and refufers of the Oath of Al- fanc| t0 tv:e

legiance , from the King 's E x- Seil.r."

cHEquoR,toa particular Purfe ,

Aire wee cannot prefume , that thofe

Libellers may be difwaded. from fpit-

ting out their venome malicioufly a- Wa-in-f* is to

gainft us , when ihey (hail fee their beuftdwith

Prieds mewed up without further pro- t!lofe> 7UC

celTe of Law , for either they will at-

• 1 1 • ' , j «• 7 , . urn pan p»f*
tribute this calme dealing to the ju- j-unt nCQU^

ftice of their caufe , the ftrength of ram L bma-
their party , or patience ; or that trad 'era.
of time hath difcovered our Lawes ,
importing over ( much fharpeneffe in
good pollicy to be thought fitter for
abrogation, by Nox-n/ance , than re-
pealed by a publique decree.

11

Moreover it is fore-thought , by Moft men
fome, that if thefe Seminaries be one- write good
ly retrained , they may prove here- Turnes in
after like a Snake kept in the bofome, Sand> ane* M
fuch as Bonner, Gardner, and Others M * Marble,
of the fame Livery , {hewed them-
felvestobe after Liberty obtained in
Qjueen Maries time, and if the loffeof
I 1 thofc

»

1 1 8 Twenty foure Arguments

thofe Ghoftly fathers aggrieve them , it is
probable , that they will take arms foor
ner, and with more courage, to free
the. living, than to fet np a Trophie to the
dead.

12

Fugitives that Howfoever,the Iefuits band is known in
crave fuccour, their native foyl, (to be defe&ive in many
ufc toiic much refpe&s , which makes them underlings to
the Proteftants,as in Authority, Arms ,and
the protection of the Lawes , which is all
in all ; NeverthelefTe they infinuate
themfelves to forraigne Princes , favou-
ring their party, with' promifes of ftrong
afliftance at home , if they may be well
backed from abroad j To which purpofe
they have divided the inhabitants of this
realme into foure feds , whereof ranking
their troups in the firft place ( as due to
the pretended Catholiques ) they affu-
med a full fourth part to their property,
and of that part againe they made a
fubdivifion into two portions, namely, of
thofe that openly renounced theeftabliftid
Church of England , and others , whofe
certatne number could not be affigned ,
becaufe they frequented our fervice,
our facraments , referving their hearts to
the Lord God the Pope : The fecond
party they alot to the Proteftants, who

divert factions arifc,thic by favouring one, and nc^iefting the o«
thcr, wftead of a head of all , he become *ncly a member of one
Party.

retaine

in favour of
their caufe
and power.

Relation de
B otero.

It is a figne
when a faction
dares number
their fide, that
there is an o-
pinion concei-
ved of fuffici -
cnt ftrcngth,to
attempt fomc
Innovation.
In a Common
wealth thete
ougHt to be be
one head, foe
which caufe a
Prince rauft be

concerning Popijh praBifts^ &c. x 1 9

retaine yet ( as they fay ) fome rcliques
of their Church : The third ranke and
largeft was left unto the Puritans , whom
they hate deadly,inrefped: they will hold
no indifferent quarter with Papiftry :
The fourth and laft maniple they affigne
to the politicians, kuomoni (fay they)
fettza dio^ & jenz,aanim*9 men with-
out feare of God , or regard of their
Souls , who bufying themfelves only in Difcontented
matter of State , retaine no fenfe of minds in be
Religion. Without doubt, if the Authors ginning of
of this partition havecaft their accompt Tumul*s
aright, wemuft conferfe that the lat-
ter brood is to be afcribed properly divers,
unto "them 3 for if the undermyning of A multitude
the Parliament houfe , the fcandalizing » never united
of the King in print, who is Gods anoin- «*C°*C» £m
ted, and the refufall of naturall obe- n"a<?smcwhich
dience , be marks of thofe , that nei- being 'taken
ther ftand in awe of God or confeience, away , eoi -
well may the Papifts boaft , that they verteth their
are affured of the firft number, and may t^yfia^ini*
prefume likewife of the laft friendfliip % vc*sof t™c\".„
when occafton {hall be offered ; for dition
the preventing of which combination ,
it is a fure way , to cut off the heads
that (hould tie the knot , or at leaft
to brand them with a marke in the Certaine Ger-
man; in Hen-
ry the feconds time calling themfelvcs Publicans were marked
with a hot iron in the forchcids , and whipped, being thruft our
in the Winter, with a prohibiten that none mould receive them in-
to their houfei, they dyed of hunger and ceid.

1 4 forehead

130 : TtPfftty four Arguments

forehead before they be djfmiffed
or ( after the opinion of others ) to
make them unwelcome to the feminine
fex , which now with great fervency in>
braceth them.

Ihefe are for the mo ft part argu-
ments yentedin ordinary d'fcmrje^
by many Tbbo fuppofe a TreiHs
breach to be cbnta£\w in our
Epglifik ayre.

Others then are , lt>ho maintains the
(ccorid pa> t of the typefiim , tclth
reijons not unworthy of obser-
vance.

In favour of the fe-

condDivifion.

Rooted fufpi- "PNEath is the end of temporal! woes;
ticn, b-ingvU A^/but it may in no wife be accounted
o!ent*y hind- tke Grave of memory ; therefore bow-
ed, gr weth foever {t js [n the power of Iuftice
buc not Icfle t0 mpprefle the Perlon of a Man , theo-
obftinatc. pinion for which he furfered ( conceived

truly

concixnixg Pop/'fo praft/fis^ &c. ^ I 2 1

ti*uly ; or unttuly in the hearts of a mul-
titude) is not fab jed to the edge of any
fword , how fharpe or keene foever.
I.confes that the Teeth are foon blunted
that bite only out of the malice of a lin-
gular faction , but where Poyfon is
diffufed through the Veines of a Com-
mon-wealth , with intermixture of
blood good and bad ; feparation is
to be made rather by patient evacuati-
on , than by prefent inaiion ; the grea-
ter!: biter of a State is Envy , joyned
with the thirft of Revenge , which lei-
dome declares it fette in plaine colours,
untill a jealoufie conceived of pcrfonall
dangers , breaketh out into defperate
reiolutions ; hence comes it to pafTe , ifccn'pira-
that when one male-contented mem- tors nave one
ber is grieved the reft of the body Ty^pathte ot .
is fenfible thereof , neither can a Preiit j^'*?***"
or Iefaite be cut off , without age- ^Xwfup"
nerall murmur of their Secretaries , preffed ,fo l«ne
which being confident in their number, s$ one ot" them
fecretly Arme for oppofition , or con- ^naaiheth.
firmed with their Martyrs Blood ( as
they are perfwaded ) refolve by pati-
ence and fufterance to giorifie their
caufe,and merit Heaven. Do we not dayly
fee, that it is eafier to confront a private
Enemy, than a Society or Corporation?
and that the hatred of a State is more o?<nion rer-

led in a multitude s kike Hydraes heads 3 Which mull be cured
wi'h fcaringand not by letting blood;

immortal!

122

Twenty foure ^fy^uments

Clemency is a
Divine ia-
ftiiia , and
work-th fu-
pcrnall cfF:&s.

Gorticti Axio~
ra.Ua Voluica.

immortall, than the Spteeneor a Mo-
narchic, therefore except it be demon-
ftrated , that the whole Romane City ,
which confifts not of one brood may
be cut off at the firft ftrofce as one
entire head , I fee no caufe to thinke
our State fecured , by fetting on the
Skirts of fome few Seminaries , leaving
in the mean time , a muititnde of Snar-
lers abroad , who already (hew their
teeth , and only wait opportunity to
bite fiercely. I will not deny , that ,
what we feare , we commonly hate *
provided alwaies , that no merit hath
interceded a reconciliation; for there
is great difference between hatred con-
ceived againft him that will take away
the life , and him that may juftly do it,
and yet in clemency forbears to put it in
effed ; for the later breedeth reverend
awe, whereas the former fubje&cth to
fervile feare , allwayes accompanied
withdefireof innovations and although
it hath been affirmed of the Church
of Rome , Quod Pontificium genus ftinper
Crudrte , nevertheleflfe out of Charity let
us hope , that all devils are not fo
black as they are painted , fome, or
perhaps many of them there are t
whom confeience, or in default thereof,
pure fhame of the world will conftraine
to confefle that his Majefty moft grati-
oufly diftinguiftieth theTheoric of Po-
pery

concerning Poptjb pradife^ etc, 123

pery; from the Adive part thereof , as <** !ft vlm
being naturally inclined , Purvis feccatis sl AZ \'ie"*
vcnteim ymzg*is Sever/tatettt commoJare ,
nec p<ena fetnper^ fed fcim famtentia con-
temns ejf ' .

2

Miftakingof punifhmcnts Legally in-
Aided , commonly proceeds from fond
pitty , or the intereft which we haye in
the fame caufe ; both which beget blind
partiality; admit then y that the Papal!
fide , affeAing merrit by companion, may .
be neerly touched with the reftraint of r'^?.
their Seminaries , it cannot be denyed I „ li .otcWofc
hope , except they had the hearts of Ti- the leart , it is
gers, that in humanity they will pre- ai> ar^u m»;
terre their eafe of durance , before the ™ *J t!lcy arc
rigour of death; and albeit that P**f*njr\ hr£&^*
Bella'tnin, and the Pope himfelfe, con- ;>ut cxtrcmi^
(frame their fpirituall Children , to thruft ot mifciuef.-.
their fingers into the fire , by refuting the
oath of Allegiance , notwithftanding we
have many teftimonies in judiciall Courts,
and printed books , that the greater part
of them are of that Thsban hunters mind,
who would rather have feen his Doggs
cruell ads, than have felt them to his own
coft.

Gaxnett himfelfe alfo in one of his Itwjsaprp,
fecret Letters, Lamented, that after cept of Machh
his death he (hould not be inrolled a- ***** to fut
mongft the Martyrs, becaufe that no ofM^a
which now is become a popifb Aphorifme .

matter

124

Twenty four jirgumeats

So ir pleafed
Pa' forts to ca-
vi!l3 of whom
it mi^ht
truly ipoken,
Mttus malum
pejotem (Jfe

milem.

Grofs ami bru-
riOi errors arc
{boner nfor-
m djthoH mea-
ner cfcapeSjj for
fo much as the
one cannoc be
<k fenced wit fl-
out impudenc^
whereas the o-
thcr sdmks
fome colour
for exeufe and
pity.

matter of Religion was objected a-
gainst him • yet it plainly appeared in
his demeanour, that he would gladly
have furvived the poffi bility of that .
glory, if any fuch hopes had remai-
ned. Neither is it to be prefumed \
that being in Prifon, he would ever
have conceived that wee durft not
touch his Reverence ' or that the
Law was remiffe which had juftly con-
demned him , and left his life to the
Kings mercy. It was the diftance of the
place and not Parfsvs that interpreted
the fending over-feas of the Priefts to
be a greater argument of their inno-
cency , than of his Majcfties forbea-
rance ; For had Father Parfons him-
felf been Coram nobis ^ his Song would
rather have been of mercy than juftice.
It is truly faid, that we are all intru-
ded better by examples than precepts,
therefore if the Lawes printed , and
Indictments recorded, cannot controule
the Calumniations of thofe that wilful-
ly will miftake Treafon, for Religion :
By the execution of two or three of
that back-biting number, I doubt not
but the queftion may readily be deci-
ded.

— : Namq\ immedicabile v films ,

Enfe reddendum eft, Nt pars fyr.ccra tra-
hatttr*

3 To

concerning Poptfv practifes.&c. 125

3

To daily with pragmatical! Papifts,
efpecialiy with thofe that by their ex-
ample and Counfell pervert his Maje- To bcftow be-
llies Subjects , I hold it a point of rufits on the
mere injuftice j«For, what comfort may t>ad.< eih
the good exped , when the bad are by thci" worfe,
connivency free to fpeake, and imbol- ^ Vliifitth
dened to put their difloyall thoughts ^ ^"0^
into execution; For explaining there-
fore of my meaning , it is neceflary
to have a regard unto the nature of
the Kings Liege-People , that are to
be reformed by example of juftice, and
others, £ orraigners , who will we,
nill wee, muft be cenfurers of our
a&ions ; It hath been truly obferved
that the Nations of Europe, which are
molt remote from Feme , are more
fuperftitioufly inclined to the dreggs
of that place , than the neerer neigh-
bours of Italy , whether that humour
proceeds from the Complexion of the
Northern Bodies, which* is naturally
more retentive of old Cuftomes, than
hotter Regions ; or that the vices of
the City, feated on feven Hills, are
by crafty /Minifters of that See, con-
cealed from the vulgar fort , I lift not
now difcuffe ; but rnoft certaine it is,
that the people of this Ifle exceed the
Romzr.s in zeale of their profeilion;
In fo much that in Rome it felfe, I

have

I 2 6 j we^t) fours Arguments

have heard the ExgHfh Fugitives taxed
by the name of Pi Ms fdii IngUfi ,
Knock-brefts , id eft, Hypocrits- now
as our Councrcy-men take furer hoid-
faft of Papal! traditions , than others ;
fb are they naturally better fortified
with a Courage to endure Death for
the maintenance of that caufe ; for this
Clymate is of that temperature out of
which Vegetim holdeth it fitted to
chufe a valiant fouldier, where the
Valour is often Heart finding it felfe provided with

^ P1CnCy °f bl°°d C° fuftainC fuddain

bu*b^o>oo *'e<^s ' *s noc ^° ^00n apprehenfive of
muebpt ir death or dangers, as where the ftore-
turncth o uh- houfe of bloud being fmall , every haz*
bridled furies. maketh pale cheeks and trembling
hands : Angti (fay Ancient writers)
hello intrepdi , nec mortis fenfu deter'
rentnr ; And thereunto ^otero the Ita-
lian beared witnefle in his Relations $
Many ftrangers therefore coming out
of Forraigne parts among the rarities
of England defire to fee whether re-
port hath not been too lavifh , in affir-
ming that our condemned perfons yeeld
.heir bodies to death with cheerfull-
-3 nefle, anu were it not that by daily
; out experience .we can call our felves to

uiiorrir witneffe °f tn^s trutn > 1 cou^ Produce
tbtKunto9 the tlie Reverend Judge Tortefcac , who
pc< ok nam- in commendation of our E*glifh lawes,
-aiiy inxiaicd. made fuitable (as he well obferveth) to

the

concerning Toptfo pra8ife$y &. 127

the imbred Conditions of the inhabi-
tants of this foile , avoweth , that the Ufc to fcC men
Exgliflt people in tryall for Criminall die with refolu-
caufes, are not compelled by tortures tion,takcth a-
to confefle as in other Nations it isu- S^iWA
fed , for as much as the quality of the puxpof« tHe C
Englijh is known to be lefle fearfull of Romans ufrd
death than or torments, for which caufe the fights of
if the torments of the Civill Law were thcir OM*"
offered to an innocent perfon in Eng- tors
lanb , he would rather yeeld himfetfe
guilty, and fuffer death , then endure
the horror of lingring pains. lnfnUni
flerttnqftc F tires ( faith one ) and fo
true it is, that this Countrey is ftained
with that imputation, notwithftanding
that many are put to death, to the end
that others by their fall , might lcarne
in time to beware; If then it doe ap- xfacHcicticka
pear that terrour prevailes not , to called p*Mr-
keep men from offences which are con- cans when they
demned by Law, and Confcience, what w«c whipped
afTurance can there be to fcare thofe, ^.^^^
who are conftantly fatisfied in their H^ly thci
minds, that their fuflferings are either Captain Ge,-
exprefiely, or by implicitation for Agoing be-
matter of Religion and health of their *nd
Souls ; in fuch cafe to threaten death to f^f'f1^'
Englijh-mzn, Qnibm nihil intereft hnmi- me™ die
ne fvblimine pfitrefcant, is a matter of bate you.
fmall confeque nee, PurfurAtis Galiis ' /- Aadrmacben.*
talis, aut Hifpamr, i&a minitare^ to a fet- Sl?ls vltam
led r^lution ?tbc!ott mt to (hew the *fttart

dreadiuil *

1 wentyfour tArgumtnts

WorLMyd -
(it s rmy he
<j ■tencticd with
godly meJic.v
lio^s, ow ha-
vcaly hopes
C3r.no'. be jbi'
ted by earchty
puailhtnenn.

It h n poVnt of
tvitaomc co
immtatn ih;
truch wisfn as
little difputati-
cn as miy he,
left a good
csufe be mar-
red with ill
handling.

dreadfull vifor of death 5 Menaces to
prolong a wearifome lite , prevaile
much more in fuch cafes. Rightly did
CUmcM the eighth confider,that by bur-
ning two £■ ghft-men in Rone forfup-
pofed Herefie , he rather impaired his
Caufe than bettered it, infomuch that
many prefent at the refolute death of
Mr. Marjh, who was brought to duft in
Campo di Santtd Fio^e , fpared not to
prociame himfelf a Martyr, carried a-
way of his afhes for a Relique , and
wifhed their foules in the fame piace
with his; which newes brought to the
Popes eare, caufed him ( as it was bruited
about Rome) folemnly to proteft, that
none of the E noli ft Nation fhould
publiquely from that time be confu-
n>ed with fire : on the other fide if we
read the volumes written in praife of
their Prieils Conftancy, the Martyrolo-
gj or Cullender of '-Martyrs^ and path way
of Salvation as it were, chalked out un-
to the Papifts, by facriftzing their lives
for the Pope, we fnall finde that by ta-
king away of one, we have confirmed
and united many, whereof I could give
particular inftance, if Jrhought anyferu-
pie were made in that point. As for for-
raigne parts which hold with the Papall
Supremacy, it is cleer that they will
be fevere, and partiall judges in this
caufe- for albeit that here in England,

It

cltecW/dflg Fopifh praBifesj&C. 129

It is welt knowne to all true and loy- Tr"th fddome
all fubjefts, that for matter of Roman P^iiethwkh
Joanne, no mans life is diredly called
into queftion? but that their difobedience wMchfei/g \%
in reafon of State is the motive of their noram is car- "
perfecution • NeverthelefTe where a "cdaway'iritl
great Canker of Chriftendome is rooted '^cutwa-d
in a contrary opinion, and things in this [h-lios '
world are for the rnoft part efteemed by
outward appearance, this Land cannot
efcape. malicious fcandalls , neither fhall
there be want of Colleges to fupply their . . . ,
Faction with Seminaries; Therefore mai.c a ru!e f0
again arid again, I fay. that if the Hate general^g^inli
of the queftion were fo fet • that it were which diff -
pofiible by a generall execution of the renceot
Priefls, and their adherents, to end the ^cc^™*
controverfie , I could in fome fort with n0t tXvCp'°
better will, fubfcribe thereunto; But fee-
ing I finde little hope in that couri>,I
hold it fafer to be ambitious of the
vi&ory, which is purchafed with leffe
lofTe of blood; and to proceed as T*lly
teacheth his Orator, who when he can-
not wholly overthrow his Adverfary,
yet ought he to doe it in fome part,and
withall indeavour to confirm his owne
party in the beft manner that may
be.

4

He that forbeareth to fow his ground
in expectance of a good Winde or favo-
rable Moon, commonly hath a poofe

crop

I 3 o Twenty [our A r gurntnV-

cropp and purfe ; fo {hall it fare with
this State ; if private whifperings of dis-
contented perfons, that never learn't to

He f-kat is ci-n fpe?.k well , be too nicely regarded,yet
I'A^uiMtd by ~f ought they not to be fleightly fet at
i-.my9 is in nought , left our credit grow light , e-

he^eAAbr ven *n C^C ^a^ance °^ our deareft friends,
bli '^nd^nt The Papifticail Libellers inform againft
If to be us, as if we were defirous to grow fat
condemned if with fucking of their bioud, the very
Ac fi*aicc walls of their Seminary College at
cautious. gome are fcedawbed with their lying
Phanfies, and v\ every corner the Cor-
ner-creepers leave fome badge of their
malicious fpleen againft us , crying out
of Cruelty and Perfection; but if the
penalty of death be changed into a Am-
ple indurance of prifon , what moat in
our eyes can they finde to pull out? or
with what Rhetonck can they defend
their obftinate malapartnefs, which with
TJt*0*utfd spaying us ill for good, deferve to
a\ « b ft have coales of indignation poured upon
dk'cCz that is their heads ? Vifa muliebre Confilium>
fitfeitothc Liyia t0 jngufttts ; Let feverity

EST? ^ePe a while > and trie what alterati-
on the pardoning of Ct*na may pro-
cure ; The Emperour hearkned to her
Counfell, and thereby found his Ene-
mies mouths flopped, and the fury of
of their malice abated. Some there are
perchance that will tearm this Clemen-
cy innovation, and vouch the Prefi-

denr

concerning Poptfo praBrfes^ gfc^ I 3 I

dent of that City, which permitteth
none to propound new Laws, that had
not a coid about their necks ready for
vengeance , if it were found unprofita- x/.afe Chan-
ble ; bat let fuch Stoicks know, that ges of Starts
there is great difference betweene the are fafcly made
penning of a Law, and advice giving whicfl re£er".
ior the manner or executing it; neither the Antienc
(by their leases) are all innovations to form, betters
be rejeded , for divine Flat* teacheth it and reduces
us, that in all Common- wealths upon the defeas into
juft grounds , there ought to be fome ordcr*
changes, and that States-men therein
mull: behave themfelvs like skillfull mu-
ficians, Qui artem mnfices non mutant y
fed muftces modum*

5

That an evill weed groweth fall , by
the example of the new Catholique in- The Church is
creafe, is cle?rly convinced; but he that m£ft zealous,
will afcribe this generation fimply to his ^er!f cll"
Majeittes heroicall vertue or C Umency^ memory whea
argueth out of fallacy, which is called tWe times are
lenarath Elenchi 5 was not the zeale *orgotten,we
of many cooled towards the laft end of Srow t0 {Mth
Queen Elizabeths Raigne? hath not the ^fiy*
impertinent heat of fome of our own
fide bereft us of pirt of our llrengch,
and the Papacy with tracl of time
gotten a hard skin on their Conferen-
ces?

Parva met us prim* , mox fefe attaltit in
altum>

K 2 But

1^2 T went) four Arguments

But if wee will with a better infight
- behold how this great quantity of fpaun
is muitiplyed , we muft -efpecially af-
cribe the caufe thereof to their Priefts ,
who by their deaths prepare and affaire
more to their fed, than by their lives
they could ever perfwade ; It were in-
civility to diftrult a Friend, or one that
hath the (hew of an honeft man , if he
v/ill frankly give his word , or confirmc
k with an Oath , but when a Prote-
ction is made upon the laft gafpe of
life , it is of great effed to thofe that
cannot gainefay it upon their owne
knowledge.

The number of Priefts which now
la this cafe ihe ac^yes c°me t0 ma^e a Tragicall con-
quvionis not clufion is not great; yet as with one
to much of the Scale many Patents are fcaled; fo,with
truth *ffoa* the loffe of few lives numbers of wave-

Jud e^and* *P*r*ts ^e gainec* J

whaf\e?ifu>c Martyr tan. Semen Ecciefi* ; And though
will be given. tno**e Priefts having a difadvantagious
caufe , are in very deed but counter-
feit fhadowes of Martyrs unto a true
underftanding , yet will they be repu-
ted for fuch, by thofe that lay their
Souies in pawne unto their Dodrine,
with whom if we lift to contend by mul-
titude of voices, wefhallbe cried down
without all peradventure , for the gate
of their Church is wide, and many there
are that enter thereinto.

6. By

concerning Popish pratlifes^&c. I 3 3

«- . ,

By clivers meancs it is pofTible to come
to one and the felfe fame end ; feeing
then that the fumme of our well-wifti-
ing is all one , namely that Popifh
Preifts ma^ have no power to do harme,
it is not impertinent to try fundry
pathes, which may lead us to the perfe- intiKfa{\ Al
ding of our defires. Politicians diftin- years of Q.
guilh inter rem fullcam conjlitmam & *c W3S
rempMicam cmftittaendAm , acording to *aficr t0 **ub"
the feverall natures whereof Statifts are ™£ naw^to*
todifpofe of their Counfells and Ordi- thc a they' fi-
nances ; were now the Rhemifts and red to irriute
Romulifts new hatched out of the (hell, the State ,noc
the former courfe of feverity might knowing How
foon bury their opinions with their per- ^[rf e*^y
fons , butlincethe dikdLk is inveterate, a0w knowing
variety of medicines is judicially to be the worft °
applyed. The Romans did not punifn they are tcfA<
all crims of one and the felfefame na- Ted AV" *
ture with extremity of death; for ?att/ortia-
fome they condemned to perpetuall
prifon ; and others they banifhed into
an Ifland or fome remote Country * e-
ven in the cafe of Religion they were
very tender to dip their fingers in
blood ; for when Cato was Coniull 9
( and it feemed good unto the Senate
to fupprefle with violence the difordered
Ceremony of the Bacchtndls 9 brought
by a ftrange Pneft into the City)he with-
flood that fentence, alleging that there
/ K 3 was

134 Twenty foure Arguments

was nothing fo apt to deceive men as
Religion , which alwaies pretends a
{hew of divinity : and for that caufe,
it behoved to be very wary in chafti-
iing the profefTors thereof , left any
indignation (hould enter into the peo-
pukuseftm- P*es min<^s > tnat fome-what was dero-
Ttfum Animal gated from the Majefty of God. O-
qwdfacilim there ( more freely ) have not fpared
duci , quam t to place Religion , ( I mean that Reli-
co&p8te[t. gjon w[1ic[1 is ignorantly zealous ) a-
mongft the kinds of Frenzie , which is
not to be cured otherwife than by time
given to divert , or qualifie the fury of
the conceipt,

Tmtum Religio potuit fuadere md$rum.
7

Miny Patti- Howfoever in valuing the power of a
zanscncou- City or ftrength of arguments , quality
and worth b to be preferred before
when an eoe- number , nevertheleile where the utter-
ly cannot mo ft of our force is notknowne , itim-
prcvail atgainft ports much to have it conceived ; That

£wrht«hl',« ^e mu^titu^e ^an^s f°r us 9 f°r
not^owtoof- doubts an^ fufpicions caft in an ene-
fend, buLhow mics waY evermore makes things feem
to make a fafe greater , and more difficult than they
rctrear. are indeed ; we have by Gods mer-

cv the Sword of juftice drawn in our
behalfe , which upon fhort warning is a-
ble to difunite the fecret underminers
of our quiet ; we have a King zealous
for the houfe of the Lord , who nee-

deth

concerning T opifij praBifes^

M5

deth not to feare le/Te fucceffe in (hut-
ting up of Priefts ? than our iate Queen
had , in retraining f them in n'ljbicb
Caftle , where left their factious Spi-
rits fhould grow rufty , they conver-
ted their Cancer to fret upon them*
felves , and vomitting out Gall in
Quod-Ubets , (hewed that their difeafe
was chiefely predominant in the fpleen ;
what tempefts they have raifed in their
Colledge at Rome 9 their own books ,
and many travellers can witnefTe; the
ftorme whereof was fuch , that Sixtm
Qninttii complained fertoufly of the vex-
ation which he received oftner from
the Englifh Scholars , than all the Vaf-
falis of the Triple Crowne; and untru-
ly is the Magiftrate noted of negligence
or overmuch fecurity , that layeth wait
to catch the Fo ^es, and the little Foxes
which fpoyle the Vineyard , though af-
terwards without further punifhment he
referve them to the day wherein God
will take accompt of their Stewardfhip;
for if ' AnftotUs City , defined to be a fo-
ciety of men affembled to live well , be
the fame which in our Law, hath refe-
rence to the maintaining of the people
in Peace , fo long as we taft of the
fweet of a peaceable Government , we
cannot fay buc that we live well , and
that the City conftfting of men and not
of walls is happily guided.

K 4 8. An

More Prfifls.
baa? bcihuc
vp in a yeai c
thsei they *a
make hi r;;2i: y.

Ddfrreo/ ?r-
novarion is
ra(h a;:d c <n.
tcnr.?c«s> and
r he re fore can
lixdly agree of
a bead.

feice is ail.
graves to be
wiihci , Pro-
vided that un^
der :hs canker
thereof 9 ihcre
6e not a mif-
chkf enterta^-
nc d worfc than
War itfcl'e.

1*6 Twenty four Arguments

8 • -;

An oach is cf An Oath is a weake bond to confine
{ fu it nJ mm tnat ^or pretended confcience
lawful/ v"h-n ^"a^e ^10^ no Wlt^ nere"ques, or by
ihit opinion is ablolution from a itjcft thinketh
crazed, it doih himfelf at liberty to fly fr\vm any promife
nr.ore hurt than or proteftation whatfoeve * ; therefore
S00<*. when I remember that w«t}o« the Priefr,

notwithstanding his inveclives againft
the Iefuits , gamed liberty to forge his
traiterous inventions , and had others
of his fociety in the complot , I judge
it fafer to make reclufes of them, than
to furTer fuch to dally with us by books,
and forne idle intelligences caft abroad
only as a mill to bleare our eyes.
But how {hall we find the means to
apprehend thofe difguifed Romanics
jhat borrow the fhape of Captaines ,
Merchants , Gentlemen , Citizen?, and
all forts of people , and by equivocati-
on may deny themfeives to be them-
felves ? In,anfwer to this queftion , I
will firft ftiew the reafon why they are
not purfued and taken , and hereafter
make an overture how they may be:bolted
out of their hutches ; the nature of Man
One man in howfoever in hot blood,it be thirfty of re-
ar.e-hcr be- venge, in a cold temper it hath a kind of
ho'dethrhr Naufea as I may call it, or a diftafle
felf?jndhI?T1" oftaking away the lives , even of the

ihercby groweth companionate and fenfible of thac which may fal
to hirnfelfe.

Nocent

concerning Popijh praBi/es^ &c. 1 3 7

Nocent, infomuehthat in all Sites and
Seilions , an offender can hardly be
condemned , whom the foolifn piety of
man will not after a fortexcufe , with
laying fome imputation on theludg?,
part on the Iury, and much on the Atr
cufer j and fuch is their, blind affecti-
on, that the prifoner who perhaps was
never recommended for fcandfomeneffe ,
will be efteemed of them , for one of
the prcpereft men in the company ;
from hence it comes that the name of Ser-
jeant , or Purfevant is odious , and the
executioner, although he be the hand of
juitice , is efkemed no better than an e-
nemy of mankind , and one that loft
honefty and humanity in his cradle ;
Reverend Mailer Fox was wont to fay ,
that fpies and accufers were necelTary
members in a Common-wealth , and
deferved to be cherifhed , but for his
own part he would not be any of that
number , or wifh his freinds to arfed
fuch imyloyments ; and albeit that the
Law permits, and commands every man
to apprehend a felon, doe we not fee never(^ne ef-
commonly very many content to ftand fcduilly.
by and looke on while others performe
that office ? likewife it is evident , that
if fuch as are tender of their reputations,
be very fcrupuious perfonally to arreft
men , for civill a&ions of debt , they
will be more unwilling inftruments of

draw-

? _ 7***ty toxre t*frgun*e»ts

drawing their bodies 60 iBe Rack orthe
Gallowes , efpecially when there is a-
ny colour of Religion to be pretended
in their defence j thediverfity of mens
tares IS great , but the difference of
their minds in this cafe is more varia-
ble, wherein the meaneft have thought
asfree as the higheft; befides this, there
are too many of the blind commonalty
altogether Popifo , though indeed they
make honourable amends for their trea-
son; verily I know not what mifguyding

fjlt mmUC '!S> ^^raenfore-
ontaious per- the poffibility of alteration in mat-
fii»».aff.ult , l"s <* Religion , and for that refpect
*«c will be a they are exceeding backward in difco-
very , and laying hands on Seminaries
yea and are timorous in enacting iliarpe
Lawes againft them , as thofe that 11-
fently fay amongft themfelves
S*rs hodierna mthi , era, iBatibi.
Somealfofurvive ? Who, remember
teat in Queen Mvies time, the Prote-
ctants alleged a text , that the tares
mould not be plucked up before harveff
nay lhalilfpeakea buggs word there
is no fmall number that ftand doubtraU
whether it be a grateful! worke to crolTe
ropery, or that it may be done fafely
without a foulealperfionofPuritanifme
or a ftrewd turne of their labours at
tome time or other , by which unhappy
ambiguity it comes co piffe, that theft

Atii-

co/. eeruinv Poptjh praclif e> , i 3 9

sir.tmalia Amphibia ( the Priefts I mean) Verm.: nd4*:r
that prey on the Souls and bodies of Pfa*^ nor
either fex , unatached , revell where they tQ?**\f w**'
lift, though they be more feen than a
man dancing in a Net ; how much fit-
ter were it for uscouragioufly to invite
them to our party , by preaching or con-
futing them by writing , and unto the
State wherein we Hand i wifely to apply
the faying of the Affirian King to his
Souldiers , You are fools (quoth he )
if there be any hope in your hearts
to redrefTe forrow by Might , or rather
indeavour to mske them fly that are
the caufers of your griefe , affuring your
felves , that more perifh in flight, than
in the Battaile , even as many feekingto
meet the Papifts haife way difcomforc our
own party.

9

It followeth now ( according to the ^ ^ ^m
Method prefcribed ) that an overture be ivcfl loac
made to get the Iefuits and their (ha- onod thing
dowes the Preifts , into pofTeftion ; it difcoura^cth
hath been heretofore recited , that the men from
unwelcome name of a blood-fuccour , a ^cdlmg wkfc
buflbody , or a Puritane , hath .been r'
(hreud Scar-crowes unto many honeft
minds ; by abrogating therefore of thofe
or fuch like imputations many will bee
ftirred up to undertake the apprehen-
ding of the adverfaries unto the truth ,
efpecially when for their pains and time

imployed

Iqy Twenty four -Arguments

W.fc men dee the titie of good Patriots dutifull

Jorecsit how to SuhiVh: I r>i -o-' uuclru11

d,e ™ft „ich ^J^5' and zealous Chnfhans, how
leftuoift. ready '5 «very common perfon to carrv
a maletaaor to the Hocks , rather than

A I < £ t 30le 0r execution ? and
doubtleffe they will be no leffe forward
to attach a Prieft , when they are aflu-

Am 1 be a fimple rertra.nt within the
walbofanoIdCaftlc. A certain kind
of people there is, with whom money
Playes a more^ forcible Orators part
than any periwafion of the dutifull
fervice which they owe to the Com-
monwealth, thefe men will not be neg-
ligent to give intelligence, and alfo to
Procure ,t faithfully . Provided tna°
reward may help to line their thread-
?7f;,J? ™»W them from

a » ll hberty unt0 Seminaries •
and where affurance of gai„e is proj
pounded for d.fcovery ,&what mailer
or houfe-keeper will truft his fervant
with keeping of his Prieft, or fleepe
quietly while he is engaged to the dan-
ger ot a Mercenary? I remember that
in Italy « was otten told me That
the bountifiill hand of Sir kronen fVal-
Mam made his Intelligencers fo adive
that a Seminary could fcarcely ftirout
or the gates of Rome without his privi-
ty, which fucceffe by mediation of

gold

concerning Popijb pfa^ffes^c^ 141

gold may as readily be obtained from
SjV$U\ Valltdoiid , Dgtcaj 5 Loza ne }
?<ir/j , and any other places , and by
forewarning given of their approach ,
they may be waited for at the Porrs ,
and from thence foone ccnvaied to a
fafe lodging. But whence fhall the
fhream flow that mull feede this boun-
ty ? it is a doubt eafily fatisfied , if
fome thoufands of Pounds out of the
Recufants penalties bereferved in flock,
and committed by his Majefty unto the
difpofition of zealous diftributers , who
will not be afraid to conclude Ptraat Partlculcr ©f-
fijciu , ut capiat Chriftus ; neither firtrs a"ft be
need we feek any further fuccour to lpu?'n-re 5 M
repaire decayed Caltles , ana thereinto iscommcnly
defray the charge of the Preifts, with perfoimcd by
a fure guard to keepe them, than the no»c-
aforefaid forfeitures that by the Iuftice
of the Law may be collected ; which
courfe if ever it come happily to be
entertained , and that Recufancy ceafe
to be an ignominious prey to the fub-
jed , the proceedings for Religion fhall
be lefTe blamed , and perhaps altoge-
ther unjuftly accufed by any grace-
leiTe Gret<*cru& or ( kccdtmon Johannes^
tincting their pens in Gall and Vine-
ger ; for befides occafion of Calum-
niation .given by futes of that na*
ture, it is evident that many Recu-
fants that would be indicted for the

King

twenty foure Arguments

Kings Fro|>tr 101 elaia, lhall efcape without punifli-
afejuthim ment, and be borne out asainft the
vv„r.,,,c md power of a private perfon ; begging to

v*e 3, forf been "fed ; and albeit the penat

thcgaine.nei- fy be rated « 2© 1. a'moneth, yet was

tberrewaidnor Jf "ever the Law-makers intent that

b^ing out luch as were not able to pay fo great

"S8St SSffiKr* §0 fco£ -fr'e' buffi

frqwccRc. ? , u8 £Vhe Pr°P°«ion of their a-
Kiity, they fhould doe the penance of
*»• ** Purfes> whereas now if the voice

of the people (which is faid to be the
voice of God) is to be credited, the
poorer fort is skipt over , as if they ow-
ed no foules to God, norduty to their
Sovereign. A poor Man ( frith one )
is to be pittied , if he offend through
neceffity , but if he doe am.ffe volun-
tarily he is more feverely to be cha-
Jtiied, forfo much as wanting friends
and meanes to bear him out, it (hew-'
eth that this fault proceeds from pre-
iumption. r

io

Let us now pre-fuppofe, that all the
whole Regiment offc/Jto/and s,min»-
rte, were lodged in frfe cuftody, may
we then perfwade our felves, that Po-
pery will va-nifh like adumbe Ihew- I
am cleerly refolved that though it 're-
ceive a great cclipfc, notwithftanding

with-

concerning ^opijh pra8tfes^&. 14 3

without other helps the Kingdome of
Amkhrift will onely be hidden , as a
weed that feems withered in the Win-
ter, and is ready to fprout out with
the Spring. Temporall armes are re-
medies ferving for a time , but the
Spiritual! fword is permanent in ope-
ration, and by an invifible blow
works more than mortall man can i-
magine. The word of God carrieth
this two-edged weapon in his mouth ,
which is to be ufed by faithfull Mini-
sters of the Church , whom pure zeale,
without refpeft to worldly promotion ,
or perlons , ought to encourage : Of
Judges the Scripture faith Eftote fortes ;
and daily we fee, that fitting in their ju-
dicial! feats , God infpireth them with
greater courage, than when, as private
perfons, they are to give their opinions;
no letfe is the power of the Holy Ghoft
in his fervants , that out of the Pulpit
*re to deliver his Ambaffage; let them
therefore not be difmaid to fpeakeout
plainly, and tell the truth, without run-
ning a middle courfe between heat and
cold, unprofitable dtfcanting upon the
Scripture , with an old poftile, or for
want of better matter waft the poore
time fhut up in an hour-glafs , with
skirmifhing againft the worthy Pillars
of our owne profefiion: Rumor which
ss ever ready to take hold of evill, hath

raifed

Medicines that
wot k in the ifpi-
rits of men^a ce
of greater
force, an<4 c«r.e
ru re furely
than outward
PlaiQcrs-

Speech is tire
intcrprecer of
the mindCj
therefore whe
fo ufcth in Bh
vinc matters to
fpeak referved-
Jy, and in a
double fenfe ,
he will be fu£«
peeled to have
a double heart
snd unfirto
teach them that
truit him

144

Twentj four ^Arguments

raifed a fecret, though (aslhope)ct
cauilefs fafpicion i that there fhould be
fome combination underhand, by chan-
ging the ftate of queftions, to put us
in our old dayes to learn a new Ca-
techifme , and when they have brought
us ouc of conceipt with the Reverend
Interpreters of the Word,toufe us then
as the Wolves (mentioned in Demofthe-
r.es Apologie ) handled the Shepherds
when they had delivered up their Dogs.
Moft facred was that Speech of our
gracious King, concerning Vorftias, He
that Will fptak. of Canaan, lethimfpea^
the language of Canaan. How can we
draw others to our Church, if we can-
not ag ee , where, and how to lay our
foundation? or how may wee clenfe
the Leprous difeafe of diflentionjWhich
A "ood Pafbr t^ie PaP^s wmch are leaft allured to
ji-hePliyhcun themfelves, and moft doubtfnil of their
of the s .ul-, Salvrtion , are not afhamed to afcribt
and ourhc co unto many of us ? 1 would not have mi-
armehl^d7oL- nifters in^^creet l^e Doggs to barke
din"2 to the"'" againft all, whether they know or
tenl-'mcs or know them not, I like better the opi-
Ir-rdncs otthc nion of Arijiotle , who * advifeth thofe
C m'cknce/or that ftand in guard of a place ; to be

want of which curft onely Co fucn as are about to

Mt^lhtl endammage the City ; If Purfevants
d«oe hurt, or other Civil Officers 9 would learne
to keep this rule, they might go about
their bufinefs with much credit. The i-

magi-

concerning Popifb praBifes}&c. 145 _

magined fcare of inviting the Ronijh
Fa&ion by force to deliver their Goft-
ly Fathers out of Prifon, moves me not
a whit ; for I cannot beleeve that they
efteeme them at fo dear a price , as
they would runne the hazard, by free-*
ing others out of hold , to put them-
felves into their places. Some will fay n
that a man of Straw is a head good
enough for a difcontented multitude;
That the Papifts are very chollerique
it appears fufficiently by their writings*
yet it hath pleafed God to fend thofe
curft Cowes (hort homes ; that when
they (hould not finde a man of fuffici-
ency to ferve their turn, they were Falft m\TiCies
faine to doe homage to (7<*r»*f r j ftraw, sc lying newes,
forgetfull as they are that fuch ftubble arc the food of
cannot endure the tryall of fire : But fopfrftijien,
unto us, that ought to be Doers, as JJgJ deiud-
well as Profeflbrs of the Gofpell, let jgnotampctf-
this remaine as a memorable Theorem ; pie.
Religion is the Mother of good order t
Good order is the cattfe of projperous
Fortune^ and happy Succefs in Ml Coun-
ftlUy And enter frifes, Therefore in what
eftate foever there, wanteth good or-
der, it is an evident Argument that Re-
ligion goes backward*

I have ever held it for a kinde of ^d which !*

1 _ the great Law-

maker, by his Lawes prevents fins, to the end punifhments maybe
Infliaed on it juftly5 a s to avoid idolatry, he rorbiddcth making of
images; He that cannot live chaft, let him marrie, &>c ,

h Inji?f!i€e

Twenty [our Arguments

Injuftice to omit the execution of mean
Lawes , made to prevent the effects of
Idieneffe, and then to apply main ex-
tremitie of the fword, when the proo-
iing habit gotten by that vice comes
to light ; no leffe is the courfe uncha-
ritable (with pardon for this preempti-
on be it fpoken) when we fpare them
that have .no Religion at all, andcen-
fure thofe that can give an accomptof
fomewhat tending to that purpofe. He
that is in mifery muft be born withall
if he fpeake miferabiy , and when the
child from hi* mothers breft hath fuck-
ed iaothing but Popery, a man had need
Khbe angry with discretion if he hear
hw fpeake in the voice of a Papift.
God caileth forae by miracle, but the
ordinary means is his Word ; if that
means in any place of this Land be
panting, of what Religion is it likeli-
eft the people will be? I fuppofe that
few men will gainefay my aflertion,
that outward fence will direct them
to Popery , which is fuller of Pageants
than of fpirituall doctrine; and what
is the caufe that after fo many years
preaching of the Goff ell, the Common
people ftill retain a fcent of the Ro-
man perfume? theCaufe is for that the
formail obedience of coming to Church
hath been more expected than the in-
duction of private families, pubh'que

Catc-

concerning Popiflj prabtifes^c. * 47

Catechizing is of great ufe 5 but the A man is fsfd

firft Elements thereof are to be learnt

at home , and thofe things which we ^

, ^ ' _ sn- t numb: ttn, and

learn from our Parents, fhcke more namtutimd

furely in our mindes ; what was the we fermmbrr

caufe why the S par taw continued their bcft, what we

Government fo many Revolutions of lcatn m ol,r

times, without mutation? Hiftories re- puth'lKrf;" ,

j * , , • t • r> A r 'ore if vemii

cord , that learning their Country Cu- be wife when
Homes from their Infancy, they could we are old, wt
not be induced to alter them ; And muftbe taughc
in this our native foile we perceive , inweave
that the Common Lawes which rely Out ef Oeco
on antient Cuftomes , are better obfer- nom:Cali Co-
ved than late Statutes , of what worth verinnene, the
foevcr they be : So doth it fare with diverfity of
the poorc people, which being once States grcw,&
feafoned with the old dreggs of Pa- ™\*SJ ™£
pifme , will hardly be drawn from it, State of 'the
till the Learning of the true Faith be Commons for
growne to a Cuftome. I will pre- the mrft parr-
lcribe no order nor Officers, to ef- hY which
fect this; but I fuppofe that the an- £|VabFfhj£
tient laudable courfe, by the Biftiops ^veyofhK
confirmation, will not be fufficient Houfe, have an
to fulfill fo great a taske , the Mini- aim chow the
fter mull: and ought to be thePrincipall Common-
and immediate hand to give afiiftance *"*ch ,s aflrc"
to fo gracious a worke ; and in cafe c *
any be defective in their duty, the
Reverend BISHOPS may take
tfotice thereof in their feverall Viftta-
tiom.

I. 2 Perhaps

148 Twenty four Arguments

Byth:Liwcs Perhaps it will be thought a hard
there were Ty- tas^e to conftrain old people to learn the
thing mcn5who A% B% Ct of their chriftian beliefe ,

buthow hardfoevcr itbc, I hold it no
hoUs : Some incivility to prepare people of all ages
fnch Officers for the Kingdome of Heaven. By the
mighebe good order contained in the Book of Com-

in fiThefor mon ■Prayer 9 on Sundays and Holy-
br«kineotthc days 9 halfe anhower before cvenfong
Sabbath to be the Curate of every parifti ought to ex-
themineofour amine children fent unto him, in fomc
Religion. points of the Catechifme; and all Fa-
thers , Mothers. , M afters and Dames y
fhould caufe their Children , Servants,
and Prentifes , to refort unto the
Church at the time appointed , there
to heare and be obediently ordered f
by the Curate , untilr mch time asthey
have learnt all that in the faid book
is commanded , and when the Biftiops
{hall appoint the Children to be
brought before them, for their Confir-
mation , the Curate of every Parifti
{hall fend or bring the names of thofe
Children of his Parifti which can
anfwer to the queftions of the Cate-
JhaJtTe learnt chlfme> and there ought none to be ad-
how^o^Sin- roitted to the Holy Communion, un-
guilh the com, till fuch time as he can fay his Cate-
mon grounds chifme , and be confirmed. Many
cf Popery, times 1 nave ftood amazed, to behold
Phkftsdcce%e the Magnificence of our Anccftors
pcor peepk. buildings , which their Succeffouw at

concerning Popish praStifa&c. 1 49

this day are not able to keepe up , but
when I cad mine eyes upon this ex-
cellent Foundation laid by the Fathers .
of the C h u r ch, and perceive their
Children negled to build thereupon,
with exceeding marvell , I reft almoft
befides my felfe , for never was there
better ground-plot layd , which hath
been feconded with lelfe fuccefle : It
was not the Bull of Pirn Quintm on
the Bifhop of London t Dores , or the «ST
forbearing to hang up Priefts that have C£Ul-e 0fan c.
wrought this Apoftacy, but the Idle- vil, cannot help
nefs and infufficiency of many tea- * but by
chers, confpiring with the peoples cold ^h™fn> ^hich
zeale , that hath beene the Contriver ^u/"
of this Webb. Vntill the eleventh ofaSrate.
yeare of Queen Elizabeths Raign , a
Recufants name w as lcarcely knowne ,
theReafon was becaufe that the 7eale
begotten in the time of the Marian Per-
fection was yet frefh in memory, and
the late Perfecutors were fo amazed
with the fudden alteration of Religion,
that they could not chufe but fay , Di-
gitus Dei eft hie. In thofe dayes there
was m emulation betweene the Cler-
gy and the Laity ; and a ftrife arofe
whether of them (hould Ihew them-
felves moft arTe&ionate lo the Gof-
pelJ ; Minifters haunted the Houfes of where Good

menaie aff aidto call a vice by the Proper name, it is a fign that ihe
vice is common, and that great perfons ( whom it is not fafe to an-
ger) are infe&ed therewith.

L 5 worthiefi

150 Twt/tty foure Arguments

worthieft men, where Iefuits now build
their Tabernacles; and poor Coiin^-
trey Churches were, frequented with
the' belt of the Shire ; the word of God
was precious, Prayer and Preaching
went hand in hand together , untill
Archbifnop Grinddls difgrace, and
Hatefields hard conceipt of Prophecy-
ing brought the flowing of thofe good
graces to a {till water ; the name of a
Papift fmelt ranck even in their owne
noftrills, and for pure fhame to be ac-
counted fuch , they reforted duly both
De scblfm. to our Churches and Exercifes \ but

Tur.Mm' EC~ nad flity pinned the names of

Puritans upon the fleevesof the Prote-
ftants that encountered them with
rnoft courage, and perceived that the
word was pleafing to fome of our own
fide, they took heart at graffe, to fet little
by the fervice of God, and [duty to
their Soveraign.
S-imi think Therewith ftart up from amongft
thacif tliefe us ^ forne that mjght have been recom-
me^z,a]chad d(j f [ { ^ tf • ^ b
order been , ■ t t r ■ 1 c

put ro impioy tempered with ditcretion , who rore-

ic fclfe other- running the Authority of the Magi-
waies. and a ftrate, took upon them in fund ry places
task; (It them and publiquelv to cenfure whatsoever
P°o -,deananmc- agreed not with their private conceipts,
morablc thing in the ChiKch, they might bare been icfonncdj of
naade harmlcge by dive; fion.

wirfi

Hea4-Hrong
Papiftsare not
cafily fubdued,
yet muft they
not fufferei
to grow to a
Faction, Dif-
evttto pro lege
d'feervtre quid
fir- Yt Jjmuft lay
:hc burthen in
the right place.

concerning f opijb praBifes^ 1 5 1

with which grofTe humours vented in
Pulpits and Pamphlets, moll men grew
to be frozen in zeal, and in fuch fort
benummed , that whofoever ( as the
worthy Lord Keeper Bacon obferved,
in thofe dayes ) pretended a little fpark
of earneftneffe, he fecmed no leffe than
red fire hot, in coraparifon of the other.
And as fome fare the worfe for an ill
neighbours fake , dwelling befide them,
fo did it betide the Proteftants , who
feeking to curbe the Papifts , or re-
prove an idle drone, were incontinent-
ly branded with the ignominious note
of PrecLfian, all which wind brought
plenty of water to the Popes Mill, and
there will moft men grinde where they
fee apparance to be well ferved.

1 2

If without great inconveniency , the
Children of the Papifts could be brought
up out of their Company, it were a
happy turn, but I finde it to be full of
difficulty; there is provilion made to
avoid Popifti School- matters, but there
is no word againft Popiih School-mif-
treffes, that infeft the filly Infants whiie
they carry them in their armsjwhich mo-
veth me to fuppofe that the former pro-
pofition to examine how Children and
fervants are brought up , and truly to
certifie the lift of the Communicants
and Recufants, will be the readied:
L 4 means

Witbo.it Re-
formation in
this point, Po-
pery will ftill
encrcafe 5 but
as ail venueus
enterprises are
difficu'c, fois
this moft intri-
cate.

A wife noufc.
holder will cad
up his recko-
nings to fce
what loffe or
profit he hath
made m a year.

152 T went) four A rguments

means to let his Majefty know the year-
ly increafe or decreafe of the Church in
every Diocefle. And whofoever (hall
fend his Children , or any of his Ma-
jefties fubje&s to be placed in Monaste-
ries or Seminary Colleges,or Popiftily to
be brought up in forraine parts , I thinke
that for puniftiment both one and the o-
ther worthily might be dirfranchifed of
the priviledge due to Englifh men , fo
farre forth as any good by the Laws may
difcend to them , but not to be exemp-
ted from the Penalties thereof in the
regall jurifdiction of the Crowne. I
Know well that contradiction is odious,
and makes a man feem ambitious to be
Guevara £- thought more underftanding than others,
■ftfl.Avrc*. in which cafe the Spaniard uleth only to
tearm him prefumptuous , whom he
would call foole , if civility would bear
it ; but in my defence , I hope it (hall
fuffice againe to revive my former pro-
tection, that I difconrfe by the way
Tte Law of Proposition , rather than arrogantly
which cook ins- 0f defining any thing, with pardon

gave a quick tnat tne eafy Law or twelve pence,
xtdicSc , and inflicted on him that could not give a
corrected the reafonable excufe for his abfence from

tP^khWdlM Church on Sundaye«, was one of the
bell: ordinances that hath hitherto been
enacted j but while we fought to make
new Statutes , favouring of more feve-

rity

concerning Popijh praBifesy&c. 153

rity , we neglected the old , and were
loath to execute the new , for it is a
certaine rule , that whofoever in poli-
cy will give liberty , and yet feem to
fupprefle a crime , let him procure
iharpe Lawes to be proclamed , which ^aJa™ J
are neceffary only forlbme times, and 0n*i™gmol
rare occafions,to be put in execution , ceffe, after a
but not to be an ordinary worke for manner feem
every day of the weeke - dayly ufe t0 diipence
likewife teacheth us , that it is lefle thc vicc-
grievous to punifh by an old Lawe than
by a new ; for fo much as truth it
felfe feldome gets credit without proof,
and it is hard to free the people of
fufpition , that new Lawes are not ra-
ther invented againft the particular
perfons and purfes of men , than a-
gainft their corrupt manners ; by force
of which reafon I am induced to con-
ceive , that the old ufe of the Church The alliance
contained in good nurture , and Eccle- to God ought
fiatUcall cenfures , will much more to precede The
prevailc to muzzle Popery , than any «mP°«ilobe-
frefh devifes whatfoever; neither do I ^Tft mJy
thinke it blame-worthy to affirme, that ^ obtained;
our Caufe hath taken harme by rely- the fecond will
ing more on the" temporall than the follow of it
fpirituall Arms , for while we trufted felf*
that capital! punifhments (hould ftrike
the ftroke , we have negle&ed the means
which would for the moft part have
difcharged the need of fuch feverity •

the

I $4 Twenty foure ^Argumthts

the oath of Allegiance is not offered
generally to fervants and mean people,
who if they had taken the Oath, by ab-
folution of a prieft might recoylefrom
it , or change their opinion at lcafure ,
withqut any ready means to difcover*
their Legerdemaine , that oath I feare
will not be often prefled , and to them
that fhtft from place to place, how
can it be tendred > the principall Pa-
piftsnow cover themfelves in the crowd
of the multitude , but if we can difco-
ver the affe&ion of the multitude they
will eafily be unmasked , and being
fmgled out reft afharaed or their na-
kedneffe ( which under correction of bet-
Thiscaurfc ter judgment ) may be effe&ed, if e-
wiildifcover very new coraraer to inhabit in a Town,
more than the anc[ fervants newly entertained , within
^"cc and a wee^or fourteen dayes , becaufed to
prevent *mmy repaire to the Minifter , there in pre-
from fading fence of the Church- wardens and other
ofFby reafonof honefl: men , to fubferibe unto fuch
the <juick c\(- briefe and fubftantiall Articles concer-
C0Ve^t nin<* faith and allegiance as (hall be ac-
cording to Gods word and Juftice ordai-
ned to diftingmlh the (heep from the
Goats ; in forraine Countries esery hoft
is bound to bring his gueft before an
Officer J there to cercifie his name, with
the occafion of his Comming , and in-
tended time of aboad in thofe parts ,
und in cafe he ftay longer , he rauft a-

gaine

for ceming Popijh prachfes^ &c.

in

gaine renew his licence; fo curious and
vigilant are they alfo to keep their Ci- Soioogis
ties from infedion , that without acer- t"S^2
tifkatewftheillng their comming from L^*«acc leg
wholfome places, they may not efcape ro PiPtfh ,
the L^^-ctio ; no leffe oughc we to thcPricfts^
^jwatchfull to prevent the contagion of wtlib^recei-
our Souls , than the other Nations are of J, '?!Ln

. . . !. _ . . -11 j thence wnli tie

their bodies. Every thing is hard and Country be
fcarcely plealing in the beginning , but iu&fted.
with time fome fuch courfe may be readi-
Jyputin execution, which I propound
rather as matter for better heads to work
on, than peremptorily to be infilled on
in the fametermes; but left any charge
me with temerity , that where I defire to
know the multitudes inclination , by the
means aforefaid , I fatiffie my felfewith
their Parrats language, pronouncing it jfWCCH1 pr«.
knows not what , I thinke it not imperti- vent the in-
nent to put them in mind, that hereto- ceafe of pa-
fore I have required inftruclion , both p^Mhote
precedent and fubfcquent, and am ever
or the mind, that though all this cannot r.foimed 0r;n
be done at once, yet it is neceiTary all- time yield 10
wayesto be doing our bell; knowing , nature, and
that not to go forward in Religion , is chcn "^afta
the ready way to go backwards it is not ^cdofchri-
the outward obedience of comming to fthns, by edu-
Church , that difcovers the inward cation mads
thought of the heart, it is the confeilion Religious,
of the tongue that muft utter thofe fe-
crets \ and where the Curates are inef-
ficient

1^6 Twenty foure Arguments

ficient, or theParifh great, I wifh they
had Catechifts to affift them , maintain
ned by the purfes of the Recufants ,
which penfion being collected tor Gods
caufe, will free us offcandall, though it
grieved them to pay the fpirituall Army
waged againft their owne ftratagems;
furely by giving them way in petty mat-
ters, they are grown to be very mafter-
full in their party. P/ato affirmeth that
the popular State proceeded from the
Licence which the people took to make
immoderate applaufes in the Theaters,
when as by arrogating that immunity
without controllment, in prefence of
their Governpurs, and perceiving the
Nobility to joyn with them in the fame
paffions , they thought their heads as
worthy to govern , as any of thofe

The broachers WCre ma<^Q out °^ ^arae mo^ 1 *n
0£aeba^uVerS like manner while wee fuffer ignorance

being touched openly to maintain fuch petty glimps of
in Confcience, Popery as are thought to be fcarce wor-
st ih? firft thy to be looked at, in fmall maters
batTfchc^^rc- runne an indifferent courfe,which neither
vaHc theCy ^ ma^es fure friends nor feeble foes, una-
-grow tyranous wars they take the Briddle from us, and
beyond mea- eate out Religion, as it were by an in-
fure . fenfible Gangrena :

Principals cbfta^ fero medicina far at fir
Cum mala per Un^as invaluere moras*
For by fufferance of breaking fmall laws
people are boldned to fet the greater at
nought. To

concerning Papifh praBifes^ &cm I 5 7

To comprehend all things in a Law
which arenecefTary to the reformation,
I neither hold it profitable nor expedi-
ent, yet it is difcretion to provide for
the moft important, fmaller matters
whereof the lawes fpeak not are t© be
commended to the difcretion of Parents,
Minifters and other Reverend perfons ,
who by example and advice may prepare
younglings by education and Cuilom to
obey the^ Laws, efpecially fuch as are in
high place ought in this behalf to be like
Cafars wife, Nonfolumtrimine , [eh c-
tiam Crimims fufpitione vacare^ and with Mofl men will
fuch circumfpedion to behave themfelves, ch°io™
that the world may conceive, in requi- Trufti,&and
ring obedience to God, and their So- Favours,
veraigne, that they hold the multitude
rather for companions than flaves ; If
great men take another way, they may Agreat man i?

?i . , J\ J, ,J anldollin the

fcduce many by example , though by c>esofmcan

words they exprefle not their concealed People, and
opinions, Tace & loquerc faid God to £raws manyt©
Mofes, it is the fpeech of the 'heart , imitate his
which uters more than letters , or filla- a5l0ns*
bles. And in our common lawes it is
held maintainance , when a great per-
fononely by his prefencc countenanceth
a caufe - neither let us fecure our felves
with this argument , The Papifts are pli-
able in fmall matters, Ergo , they will
yeeld in greater; And becaufe they
took no Arms in 88. therefore it were

needlefle

158 Twenty four ^Arguments

needlefTe curioflty to fufped them now: ]
tor who knowes not that fmall baits are
ufed to take the greateft Fifn, Jft cum
efca una etiambamtM devoretur* Wari-
nes is the 11 news of wifdom,and nothing 1
is. more dangerous than to be fecure in
Few Uw$ well niacters °f State. Therefore for the
cxecutca> arc tawes already made, I wifb that the
better than molt erfe&uall of them which kaft con-
many, cern life, may be executed for better
it were not to make them, than by neg-
lect to fet them at liberty : Seeing that
many offences there are which men
would abftain from , if they were not
forbidden, but when a Itriclt Com-
mandement is avoided without punifh-
ment, thereout fprings an unbridled li-
cenfe and hardly to be reformed by any
rigour.

To conclude, I fay freely, that who^
fo endeth his dayes by a naturall death,
he fhall be fubjeft to many mens dooms
for every particular offence; But when
for Religions fake a man triumpheth o-
ver the fword, that one eminent Vertue
razeth out the memory of other errours,
AGowne of and laceth him that fo dieth in Para-
Xjl'xy once at- ,.r * / c * • • l 1

t?ined hath "lfe * (" common opinion may be law-
power to dif- folly vouched) which glory having ma-
pence with for- ny followers and admirers, makethc-
jner faults. yen dull fpirits to affed their footfteps,
and to fell their lives for the mainte-
nance of the ftsat caufe. I need not

Envic

concerning Topifh praftifes, . 1 5 £

Envie the name of a Martyr to the Ie-
fuite ; for his caufe if it be rightly weigh-
ed, will blanch that title ; bur I delire
to have all thofe Lineaments defaced ,
which may compound that counterfeit
Image; in profecuting of which purpofe ,
if I have failed in my advice, and by con-*
fufed handling, intricated the queftion ,
J humbly requeft, that a wife mans ver-
dict may mitigate the heavines of the
cenfure.

It is neither good to praife bad coun- HeCounfclls
fels, becaufeot their good fucce(fe,nor to ^fft^h^?rc"
condemn good Counfels, if the event {^^L
prove not Fortunate, left many be ani- commonwealth
mated to advife ralhly, and others dis- beforeany pat-
heartned to Counfell gravely. ticular.

I Hi morsgavis incuhat qui notm ni- Scnec^ Tr*g*
mis omnibus ignotus moritur fibu

Augufk 1 1 . Anno
Domini 1 61 3 .

$$$$ : $$$$$$$$$#$$$$44 H

THE

•«$5'},v$$$S$$

The

M A N N E ft

AND

M E A N E S

HOW THE

KINGS

O F

ENGLAND

Have from time to time

SUP PORTED

And Repaired their

ESTATES.

Written by Sir R o b. Cotton
Knight, andBarronet : Anno no-
no Jacobi Regis Annoque
Domini 1609.

LONDON,

Printed in the year 1 6 5 1.

R 3 A ki A

(j ; h J: . .

a a T/fl o h q i

n o r T a 3 ,a o il i. '. yd art

0

1 he Manner and Means how the

KINGS
ENGLAND

Hdve from time to time

SV PPO KTED

AND

REPAIRED

-THEIR

ESTATES.

He Kings of Englandh&ve fup-
ported and repaired their
Ef?ares.

Firftjby an Annuall pro-
portioning their Iffues, and
Expenccsj with their certain
and Cafuail Revenues.

C Advice of their P R 1 V I E
Andthat JCOVNCEL,
either by) or

(j>yPARL lAMENT.

M 2 Secondly

1 64 How the Kings of Eng land hove

Secondly , by abating and reforming
the Excefle of Houfehold, &c.

Th irdly, by raifing of Money, and im-
proving the Revenues of the Crown.

Firft, for Proportioning of the Ijjues &c.

Hen. 4. " Henry 4. Anno 1 2. When the Revenue and
Ex roc orig. profits of theKingdome, together with
inter ada the Subfidy of Wooll , and Tenth of the
Concil. Hen. dergic 9 amounred to no more then
48000 L of which 24000 marks were al-
otted for expence of Houfe \ moft of the
red to the Guard of the Sea s and defence
of this Kingdom e , the Realme of Ireland,
and Dominions in France: In this efti-
mace the profit by Wards and Marriage,
was but 1000 1. And then an Ordinance
was made by the King, Prince, and all His
Counfel there named in the Roll*

The like was Anno 11. when for the
charge of houfe was appointed 16000 1.
and 7000 1. to the City of London , in dis-
charge of the Kings debt to them.
Hen. 5. Henry 5 . Anno 2. did the like as his Fa-

ftis Condi a" l^€r 9 cntr*n3 uPon tne as an Or£h#~
an?a. Hen. 5. nancc *n future , that the Treafurer of
in Fin. England, or the Excbequour (hall Annually
make declaration of the Date of their Of-
fice, and the Revenue of the Realme , to-
gether with the charge of the Kings Houfe,
Chamber , Wardrobe, Garrifons, Navy,
and Debts.
Anno 3. Henry 5. the like Alignment*

were

fupported and repaired their Ejiates* 165

were made proportionable to the Reve* Ex rot. orig
nue which in the great Cuitome of Wools, an* 3'Hen.$.
the petty Cuftom?, Tunnage and Pound-
age, revenue of Wales , and the Duchie of
Comewal!) the Hamper, the accounts of
Sheriffs. Exbeators, the Exchange of BuBi-
on5 and the benefit of Wards and Marriage
(then rated at but one thoufand marks a-
piece ) role not to above 56966. 1. And
being at Uich time as he undertook the
Conquefr of France.

Anno 9. Henry 5. the revenue of the Ex •rdInar;
Kingdome amounting to 55743. L 10. s. a°no 9' Hcn'
10. d. was fo by the King with advife of
his Councel ordered, as before.

And by this Record it appeareth,that
the Clerks of the Navy, and not the Trea-
furer was the Officer one ly for that place. Hen ^ £

Henry 6. anno 12. in ParliamentjCrowjW£# roc, Par.anno
then Treasurer, delivering up an Account 12. Hen. 6. u.
of the Exitut and introitus of thcExche»24»
quour, fettled the eftatc of his expence,
of which there was allowed for his houfe
16978. Land to his Chamber and Ward-
robe 2000. 1. The reft to defray the debts
and neceflary occafions of the State.

g>ueen Elizabeth, anm 1 2. At which time ^eeB EIiza'
befides the Wards and Duchy of Lancafler Ejc comp>
the profit of the Kingdome was 1S8197. 1. Din. Burghley
4. s. the payments and aflignements Thcfaur.
1 10612. L 13. s. of which the Houmold
was 40000. 1. privy Purfe 2000. L Admi-
ralty 30000. 1. which by aneftimatc 1.
May^anno 1604. was 40000.I. And is now

fwolne

I £6 How the Kings of England have

fwolnc to near 50000 1. yearly by the
crrour and abufe or officers.

SE<x>ndly,by abating and reforming the
Exceffe:

1 Or'Houfhold.

2. Or Retinue and Favorites.

3. Of Guiits and Rewards.

Firft, for abating and reforming the
Exceffe of Hou(hold5 either,

r Parliament
by\ or
M?ouncel Table.

1. By Parliament.

E<3*. 2. Ex Anno 3. Edward 2. An Ordinance was
fy^' oM'S* mac*c Pro boffitio Regit 5 in eafe of the people
010 opprefTed with Purveyance by reafon of

the greatneflfe thereof, and the motive of
that ordination was,^ Fbomeur de J)ieu9 et
a bonnem, et profit de fainftEpife, et a Phon-

Auh Rwifc mUT de ^oy et a faVrf** et au profit defon
peupky felon droit et refont I ferment que le dift
zojlre Signeur le Roy fift a fon Ceronement. And
about this time was the King's houfe new
formed^nd every officer limited his charge
and falary.

Edw.j.Rot. Anno $6.Edxvard 3. the houfhold was re-
£^ann° ^ ^ornie^ at the petition of the People.
Rich 2. Rot, ^nno ?r*m Ritb&d 1. the houmold was
Pari. i.Ric.2. brought to fuch moderation of cxpence3as
may be anflverable to the revenues of the

Crown,

fupported and repaired their Eftates, i 67

Crown. And a CommilTion granted at R0c.Par.an 4
the Petition of the Commons to furvey p.IC,h,2,R(£'
and abate the houfhold; which not taking, R^h*"'5
defired tfitdt 3 Anzo 5. the Commons pe-
tition that the exceiTive number of menia7
fervanrs may be remedied, or otherwife
the Realme will be utterly undone, and
that his houfhold might not exceed the
ordinary revenues of the Realme.

Anno 4. Henry 4 The people crave a re- '^4* ^or*
formation of the Kings houfe. And anno f" ^"n^! &
7* that h*u would JifmirTe fome number"
of the retinue * lii;ce it was now mQre
chargeable^ but lefTe honourable then his
progenitors \ and that the Antient Or-
dinances of the houfholdj in eaieof the
people mightbekept, and the officers of
the houfhold fworn to put the ordinances
and rtatutes in due execution, and Co con-
sider the juil griefs of his fubjeclis by un-
jutt Purveyance contrary to the ftatute.
That hereafter vous piezvivre U voz btens .Ek 0rdm<£
popes en eaje de voflre pe«pfe,which the King CondJ.-tfi
willingly doth as appeareth by an ordi- Hen.4. 'mark-
nation in Councel, whereby the charge ed R R
of the houfhold is limited to 16000,
markes.

Annvs 12. & 18. Henry 6. The charge *'Roc'
of the Kings houfe is reduced to a certain- Hen^/2'1
tyrand leffened by petition andorderin
Parliament.

_ Anno 12. Edmrd 4. The King promi- EJW.4.EX.
feth to abate his houfhold3and hereafter to roc* Pdr! an*
Iiveupon hisown; So fctling a new form 12' Edw"4'
M4 of

1 68 How the Kings of England have

Ex lib. ordin. his Courts which is extant in many hands,
Hofpitii temp, intituled , Ordinations for the Kings bcufe.
4* And to eafe the charge of the Kings

hou'e, the Queenes have allowed a por-
Rot. Par. an. tion of their jointure futing to their own
27. Edw. 3.7. eXpf nce t0 tne Treafurer of the houfhold.
Mich. Veep. Thus did Ptop the wife of Edward 3. and
37. Hen. <5.n likewife Henry 4. wife anno 7. And Henry 6.

'wife allowed 2000. 1. a year out of her
eftate.

I 2 . Exceffe of the houfhold abated and reformed
by the Ccmcel-Table.

Edw.a.Ex Edvard 2. caufed his houfhold to be
fe&terop Ed. ccrtam in allowances, making thereof a
2. book by way of ordinance,which is called

Aid t Regis.

ccncil48 H n Henry 4. caufeth his fon the Prince and
4°markedpCp. tne re^ n*s CounceU to ordain fuch
* moderate governance of his houfe, that
may continue au fUiftr de Vieu etduf tu-
ple*

Hen Henry 6* anno 27. reduced his charge of
houfe to 12000.I. whereof 2000. 1. was
out of the Queens jointure.

ord femXEd. 4* amo ^ecimo reformeth it again

4. ' and pubiifhah a book of orders for their

OrdinauCard. better direction. Which after Cardinall
WoGifej Hen. jT/eolfey for the more honour and profit of
8 the Kingamendeth, and that ftill remain-

cth the ground- work of the prefent go-
vernment : VVhi«h being now fo much
corrupted^ it may feem fit, either to put

down

fupported and repaired their Eftates. 1 69

down the cables and leave all attendants
to allowance of money,as France and Sfain
doth, or clfe by letting up the Hall again,
reduce the houftioid tothebfft, frfl, and
moft magnificent order. So all things
being fpent in publique, will be to the
Kings honour, and the fecret wafte by
Chamber, diet, and purloining5prcvented
to the Kings benefit. For there is never
a back-door in Court that coftsnotthe
King 2000. 1, yearly,and few mean houfes
in tFeftminfter , that are not maintained
with food and firing, by the ftealth of
their Court-Inftruments.

By Abating and reforming the exceffe of Ke-
tinue and faveuritef*

Thus did Henry 2. with William de Jfre
Earle of Kent, a Netherlander, and all his "emf Doro=
Countreymen and followers, when they bern#
grew heavy and a burthen to thisState,un-
able to fofter more then her own naturall
children .

Thus Richard 1. did with Otbo Earle of Rich.i. Ek
Xor^andall the Bavarians^ though he was Richardo ca-
the fonne of his fifter , caking from him non»co
that Earldome, for that the people oppo- ta Ricjlt u
fed it, and giving him in exchange the ti-
tle of Peifiife.

Thus Henry 3. did with his half-brethren H«n 3- «T.b/
the Earl of Tembroo^ and Bi (hop of Wi*
cbeffer and all the Foillons their follow- & \\i Baron?*
ers. Fapse.

Thus

1 70 Bow the Kings of England have

Edw.2.Ex Thus did Edward 2. by this Ordinance,
ordina.3.Ed.^e mt le Ugnage Sire Tieres de Gwefton foit
«iH«£rfi?im eniirement eufle de eftre entoines le Roy et de (on
fol.285. jervice. Item Burgou de Til joit oufte etjon
fias que efi merefchaldeFEfcbeqker. Item que
Bertram Affabi et [on Frere et ceux de Gafcoig-
ne9 et Aimyrick^ de Friscomband joint oujlre et
fes terns frifes en le main le Roy.
Rich. 2. Ex Thus Richard 2. did with the Bohemians
rot. Pari- an. anm i0.by an hBt of Parliament at the pe-
10. Rich. 2. ticjon Qf tjlc pt0pie fiircharged.
He.4 Ex.rot. Thus Henry 4. did likewife with the
Pari.an 7 & Gajcoignes & Welch over-burthening and
12. Hen.4. impoverishing the King and Realme with
perpetual fuits3 Co that in Courts ( as the
Record faith ) there were ne ad mill fubfiance
des perfonnes vayUntes et fufft[ants : Si Befoigne
jeroit mes de liafcaile fur la grendre part.

By abating and reforming the exceffe of Gifts
and Rewards.

Hence was it that the wifdome of for-
Rich. 2.R0C mer time, forefeeing the mifchief that the
2anan 2l&Rl ' °Pen nanc* °f lne Soveraigne may bring,

Hcn.'^nV 5 -T ^rate IDac^e a ^aW 2I* ^/c^y^ 2* tnat
whatfoever cometh to the King by Judge-

mentj Efcheate, forfeiture, ward(hip,or

any other waies (hall not be given away,

and that the procurer of any gift, (hall be

punifoed.

Hen- 4. Rot. This the Parliament continued 7. Henry
Far.an. 7,Hen. 4, untill the King were out of debt , ma-
4* king fruftrate the grant3& ordaining a pe-
nalty

fupported and repairedtheirEtfates. 171

nalty oi double value to every mover or
procurer of any fuch.

The like anno. 1 u Henry 4. And that R0t.P4rl.ann0
no petition for any thing mould be deli-
vered the King, but in the prefence of the
Councel, who might examine it, Jeaft the
King's wants mould light upon the Com-
mons.

And to keep the hand of Henry 6. frprr Hen.d.Pars-
wafteful giving , the Councel induced him Hen^.^l
to convey to the Arch- BiQiop of Canterbury ' 'IB'
and others all profits, by Wards 3 marri-
ages, reliefs , efcheats and forfeitures, to
defray the charge of his houfe.

It is one of the greateft aceufations a- Ex rot.Par!*
gainft the Duke of Somer[et9 for fuffering an,28.Hen. 6,
the King to give away the poffeflfons and
profits of the Crown in manner of a fpoil :
or fo are the words of the Record.

And it was made the firft and chiefeft Rieh* 2» Ex
Article to depofc Richard 2. for wafting h™/*1*11' *"
and beftowing the lands and revenues of CB 4'
the Crown upon unworthy perfons3and
thereby over-charging the Commons by
exaction.

T;

Hirdly, Raifing of money, and im-
proving the Revenues of the Crom:

"Grant of the Subjeft ,

Either by the< Or .

) Power abfolute in theSo-
veraign.

I. Grant

1 72 Ho w the Kings of England have

1. Grant fGuierall, as in Parliaments,
of the Sub- \ Or
je&, which^ Particular fConipulfive,
is) by Lones3< Or
(_ ^Benevolent.

Ex lib.rub. in Generall , as in Parliaments 3 wherein
Sc#o. • they give the King part of their own , by
way of Retribution onely 5 as

For Defence of the State.

Ex Jo. Euerf- H«n" fCW *e »"W 8rantcd

den. 2. Richard 1. John and Hear? 3. to Edward

Ex hift. Rof- 1 . divers Fifteens and Tenths for his wars
fenf. again ft the ScafJ and Wdfbmen* The Sub-

Ex rot. Pari, fidie of Woolls and other Contributions

toroc Pa?.'toE^rJ3' for his War« : And the like
annis. 2, 3.5* granted to Richard 2. 2. 3. 7. fo
Rich.2. they may be imployed in the Wars ; and
Rot. Pari. 8p. particular Treaufurers to accompt in Par-
Hen,4- Jiament. So in the 8. and 9, of Henry 4.
on the like condition.

Tunnage and Poundage begunethe 45.
Edward 3. had hence his originail ; and
therefore & 4- «ld 1. Hmj 5. they
6* 1 Hen. 5. are grantca m exprefle words; and that
they proceed of good- will, and not of
duty. Presidents of this nature are plenti-
ful in all the Rolls.

For Maintenance of Religion and the Church*

As in the year u 66. to Henry 2. was

given

fupported and repaired their eft ate s. 173

given twelve pence in tht pound; and in Ex Benedict,
the 18. Eawaid 1* afifteenth was granted Wonacho in
to expeil the Jewel. And Anno 4. Richard Ex A4^ "
2. a tenth of the Clergie, and a fifteenth Merioneth ex
of the Commons,for his help to fupprcife Roc.Par.anno
the mckiivian hcrefie. * Rich. 2.

For fupfort of the Laws and liberty of the
Common-Wealth.

So did the State to Henry 3. anno 27. for gjJ^gT
confirmation of the great Charter , fortheRo^cn. ^
like anno. 15. was granted 29. Edward 1. Par.an.2g.
and 13. Edward 3. and 7. Henry 4. That Ed.i. ig.Ed.
the lawes may be executed againli Purvei- 3«&.7-Hen.4.
or*.

For rc&reffc of the Agxievances.

As in the 15 . Edward 3. fo that the King Rot.Par.anno
would performe their petitions, or elfe ^-Edj.n.if.
they held themselves not bound to pay
the ninth they had given. Ex roc Par#

The like was the 7. 8. 9. io.and 11. an. 7,8,9,10,
Richard 2. The io.and 15. granted the 4. n.Rich.2.
and 7. of Henry 5. is upon condition, that Ex roc- Par-
the King laid no impofitions upon the n"
State.uAnd7.Edw4rd4.the State rclieveth £^.4.
the King, fo he will promife to live here-
after upon his own and not burthen the *
State^the which he their protefteth to per-
form.

And it is to be obfervedthat to improve Ex originaf.
the grants of fufidies to the cxtreameft an .3 Rich 2*

value

174 Hot? the Kings of EngUnd have

value , there were new Comnriflloners
appointed to furvey and advance mens
fortunes above the cftimate of the former
taxes, and Commiflions have been grant-
ed out , as 3- Richard 2.

Or to enable him out of hU own by an Acl of
Refumftion of Lands, offices, annuities.

Rot.ordinat. Thus did Henry 3. anno 6. And Edward 2.

an.5 &dauf. anno 5. to 9. & 10. by an ordination of

an.p.&io. the Prelats, Earl sand Barons.

Ron^r an grants made by Edward 3x0 unwor-

Rich^^Ro".1 tny Perf°n?i Richard 2. refumcd annoprimo}

Parl.an.i 2."& and by Henry 4. anno.6.

6 Hen.4. All pattents for life or years fince4.

Edward 3. were refumed.
Ex Rot.Par.4 At the petition of the People Hen. 5»re-
an. 1. &2. voke* all grants out of the principality
Hen.5. made to unworthy perfons, and all annu-
ities out of the cuftomes of Wools , dedu-
cing out 10000. 1. a year out of all other
annual pcnfions ratably* leaving the re-
main, if any , to the Pattentees.
Rot.Parlanno Henry 6. anno 28. 29. & 33. reflimeth in
28. 29.33. England all L^nds, offices, liberties and
Hen.tf. grants from anno prims , and the like anno
21. in Ireland.

Cxaft. Conf. So did Edward 4. annU 4. 7. 12. And
an.21 .Hen.tf! Henry y. anno 2. refumed all grants made
Roc.Par.an.2. by Edward 4, or Richard. 3.
Hcn.7.

Parti

fupportedand repaired their Ejiaier. 175

f Voluntary,
fLones < Or

Particular by <^ Or £ Cemfulfwe.
(^Benevolences.

Firjlufen hones voluntary 3 as upon affurance
of Bond of the Nobility*

So was William de la Poole bound for Rot, parj,an.
Edward 3. anno 13. in great fummes, and ig.Ed. 3. aft.
the Duke ofGlocejier anne 20. Henry 6. and concil. 20.22.
the Cardinal pawned his filver Veffels for Hen* 6m
Henry 6. debt.

Vfon fam of Jewels.

Thus did Henry 3. anno* 26. to the Arch- Clauf. an.25.
biihop of Tork^9 and when his own were Hen,3*
at gage, he took Aurm et Jocalia ftre-
tri fan8i Edwardi Confeffor. and pawned
them.

Edwald 1. imploied one Andtvar adjcca- Clau.2p.Ed.i.
liafka impignoranda.

Edward 2.pawned his Jewels to the Lord Ro^ra"- ami.
Beaumont. *'Edw-2'

Edward 3. pawned Magnam Ceronam An- Comune infe.
gli* to Sir John Weffmgbam for %.years. go.Edw. 3.

Richard 2. pawned va\a aurea et diverfa parl.an. 7.
jocalia to Sir Robert Knolls. Rich.2,

Henry 4. Invadiavit tabeUam et tre fellas fuas
argenteasdcHifpania.

Henry 5. pawned his great Crown to **ar1, anno ^
the rich Bifoop of Winchefier. Hen' 5*

Henry 6. to the fame man then Cardinal pari.an.xo, 1 2*

pawned 2?.Hen.tf.

1 76 How the Kings of England have

pawned many parcels oi his jewels in the
10. 12. and 29, ofhisraign^andthe like
to many others.

And the late Qieen to eafe her people,
did the like with her Jewels in the Tower,
befides the often morgage of her land.

Lones voluntary upon Alignments of Cuftomes
and Subftdies.

A#. concil. So did the Cardinal Brauford lend 10000.

an. 22.HeH-tf- J. to Henry 6. anno 22. upon fecurity of the
Cuftomes of London and Southampton, the
King indenting to turn the courfe of moft

EXib,HeS8d# trade thither' And Henry 6* anno 15- and
fe'^kchv. 4. Edward 4. anno- i2.didfecure their debts
* by aflignement over of the next (ubiidie or
aide that (hall be granted from the Church
or Laity to them5being a devife in trtith to
draw on a fupply the fooner from the
State.

tones voluntary upon the Great Seal or the
Privy Seal.

... The Great Seal5under which they mould
an?i2.Hcnn.4^ave witn0ut Pay*n£ Fee a patent fealed
marked. 8. B. *°r repayment of their dues by a day cer-
tain.

The Privy Seal3which is of late the moft
in ufe ; and it is worthy of obfeivation to
fee the willingneffe of former times in re-
fpeft of thefe.

Roc act.conc. *n tne J3* of Henry 4. there is a Roll
13.Hcn.40 . intituled

fupported and repaired their Ejistes. *77

intituled les notnes de ceux que ont da pre/fer au
Rot tcsfowmes efcrits.Tiie Arch-bfthop of
Canterbury lent iooo. markes 3 the Bifbop
of Lincoln as much, theBiftiop of Norwich ^oa ;afl.con-
doo.l. the BittiopofLo«^5oo.markc? , cil.ij.Hcii.^
the Bifhop of Bath 400. markes.the Lord
Privy Seal 200. 1. the Clerks of the Chan-
cery 1000. markes.

Particular Grants of the Subjett by Line cm*
fulftve.

So were the Merchants of Florence , Ve-
nice and L«^e, compelled by an order in ^nci]^*
Councelj^. Henry 3. becaufe they had by Hen.$. mark-
grace &[uferance du Roy grauntstfrivilcdges et cd N N.
reportants grand lucre pvur le exercifc de leur
Mercbandre en le Angle terre. And the pcrfons
that refufed to lend were committed to
the Fleet , neither were the Englifb more
free, in anno 30. Henry 6. divers being en-
joyned to attend the Councel-table , or
eHe to pay the demanded Lone.

In the time of Henry 8. anno 14. of his £X inftnic.
raigne, he exa&eth by way of Lone , ten Comifs.r4.
pound in the hundred of all goods,jewels, Hen.8. Ror.
utenfils and land, and according to the Par**12, R'c^
extreameft rate revealed by oath of the 2*
poffeflbrs. Notwithftanding there is a law
2. Richard 2. that none (hall be denyed
in demand of any Lone> his rcafonable ex-
cufe.

N Farti-

178 Ho vp the Kings of EnglancLhave

Particular Grants of tbe fubjecls by contribu-
tion or Benevolent gifts.

Exchirta E- Theft were of old ufual and free, and
pifcop. Cant, therefore called Liber alitasffulijby Richard
Edw 1 daufi * tutCurialitas, by Ed'i. Ed. 3. Henry 4.
35.Edw.3- and Henry 5, confefled to proceed ex ffon-
Ex inftruc. o- tane voluntate^mc dejure vendicarefoteft* Yet
riginal. 2©. did Henry 6. anno 20- in an inftru&ion to
Hen. d. Commiflioners imployed in procuring a
Benevolence ,fay, that for fo much as by che
Law he might compel! ali his fubje&s and
at their own charge to attend his; yet he
Was contented to fpare fuch as would but
contribute afmuch after his degree and re-
putation as two da^esinhisperfen*! fer-
vice would (land him in, thereby im ploy-
ing a neceffity in them to give3 to efcape a
further cxpence.
Ex aft. Pari. This Iaw,upon which Henry 6. ground-
an. a. Maria?. C(j himfelt.waa by a Statute in Queen Ma-
lies time repealed. And that fince re-
pealed this laft year, hath made a reviving
of the former , whereby the King is re-
mitted into his old advantages, and the
Ex inftruaio- fubjecl: in the former mifchief. And Henry

17. j£»t S-*mc 'Mthou&h hc cntituleth the bene-
CH" 1 vslence> he fought with no other ftile then
an amicable grant, yet he threatnedthe
refufers with convention before his
Councel, impnfonmcnt,and confiscation
of goods.

The

fnpp cried and repaired their Estates. 179

He Kings raifc money, and improve
revenues of the Crown.

THe
the

Sovcraigne,indifpofing,^ Rcgaiitics.

1. Lands, as by felling; which hath bia
often and old,if they were not of the An-
tientdemeaihe* land,whtch our forefathers
held impious to alienate from the Crew
and thofe were (uch Lands as go under the
title of Terr* Rfg*r3in the book of Domes- Lib Domef.
day, and were the Lands of Edwtrd cen- ^\
fejfer : of other Lands I never obferved
queftion, neither do ever find that A&s of
Refumpdons ever reached to Lands that
were fold for valuable coniideration.

By palling irt Fee- farm, except places
of the Kings Refidence, Parks, fpacious
ivaftes or Forrefts, all the Lands of the
the Crowne, which remainc either in the
annexation, cuftody lands, or Queenes
jointure, and exceed not yearly 32060. I.
Thefe although largely eftated out in fe-
veral natures, (o me for lives, fome for
years, wiLI one with the other be advanced
to a treble rent , which amounting to
96000. 1. leaving an annual improvement
of 64000. 1. And if the offer be not made
reftriftive for the newTenant, there is no
doubt but his Majefty (hall find ready and
hearty undertakers amongft the Gentry
and Nobility too* who have any place of
N 2 Re-

180 How the Kings of England have

Reiidence,neer any his Mayflies Mannors;
and the Kings fecurity the better, lince
their abilities will fettle the Fee-farm*
rent upon more land then thepurchafe.

If any mall object againft this,a lofTe by
fines and profits of Courts, a prejudice in
not ferving necefllty C as of late) by fales
or diminution of Regalities in feifure of
fo many Royalties. It may be anfwered
to the firft, that the cafuall profits of
Courts never defrayed to the prefent offi-
cers their fees and expences;and this ap-
peared! from a collc&ion made the 44.year
of the late Queen, where the total iflue of
fuch certain charge'exceeded the receipt of
fuch chances above 8000.J.

To the fecond, if looking upon the fe-
veral rates of the Kings lands, expofed to
Fee-farme fales, we findfome at 50. other
at 21. years as to the late contra&ors, and
make out of thefe extreames a medium of
the largcft 40.years,8c fet on the othec fide
the Common and current eftimatc for
dead rents 15. years purchafc: We muft
find, that 50. l.Iand fold un-improved rc-
fpe&ively to the like trebled by a Fee-
farm,willbe 250.I. lofle to his Majefty in
the fale. As for regalities^ though it may
adde fornewhat to a Subjecl, in increafing
fuch his petty command, it can nothing
to a Soveraign/vhofe tranfeendent power
drown'd in it all fuch fubordinate depend-
ances and regards. But if iveconfiderbefides
the former improvement, the increafe of

cafij-

fup ported and repaired their Ejiates. 1 8 1

calual advantage, and diminution of cer-
tain charge, we (hall have juit caule not
toScontinue this courfe; foriftheCom-
miHioners in this bufinefFe,may be ordered
by inftru&ion to referve upon every Man-
nor of above 30. fer Annum , a tenure in
Knight-fervice by halrea tee.andof above
50. 1. in Capite by an in tire fee. and by the
purchafe to pay his rent into the receipt
himfelf halfe yearly, and ftrike there his
Tally,the former will advance the revenue
accidental of the Grown in Ward{hjps,pri-
mier /c///;z,a lie nation and aides,and the lat-
ter cut off at once fo many their unnecef-
fary Receivers, Auditors, Stewards,Bay-
Vffs and Clerks,as ftand the King in year"
Jy above 12000.I. as for otijer dues or ca«
fual revenues, which now fitll under the
charge of thefe officers, the Collc&ion
and payment may be as it haih been with
the reft from the time of Henry 2. until of
late daies laid on the ShcrirFes of the (Lire,
and all the accounts left to the 2 Auditors
of the prefle to draw up, and Clerk of the
pipe to enter in Mdgno rotulo as in former
time, for it muft feem ftran^e to all men
of iudgemtnt, that it mould be wjtli thofe
officers ( who had their beginning, but
iince the 25. year of Henry S. by addi tion
of his new revenue of 150000. 1. from the
fuppreffed Monafterics ) otherwife then
with all things in nature , and rcafori,
Cejjante Cauja cefjat effidus, not tobedif-
continued, when as all Crown- annexed
N 3 lands

1 8 2 Hw the KJpgs of England have

lands that gave them their juit imploy-
ment,are for the moflpart pafled from
the Soveraign into the fubjt&s pofiefii-
on.

BefiJes this of a general difpoting in
Fee- farm, there hath been a prejeft in par-
ticular to infranchife the Copy- holders
in the feverall Maonors, which I (hould
hold to be of more prejudice to his Majc-
fty then the others, bringing with it all
the former inconveniencies jloflc of fines. Re-
galities and advantages, of falc, and being
without many of the advantages as Ward-
ships, Pr/ra/er/ Seife f«,alienation & aides; for
no man will buy quillets but in foccage,
and difcontinuance of officers , who mud
Hill remain, though they can bring the
King but little benefit.

Kings raife money and imfreve their Reve-
nues, by Farming cut for years9 Lands ^g-
fualtitsjr mfles.

Rot Pari. an. As in the j. Henry 4. the State held it
7. Hcn- 4* more juft to help the King out of his own,
then to burthen the Common-Wealth,
and therefore gave way by Parliament to
the King to improve up his lands, though

£dw2,an' * in lca{* Provided that thc (boald
RoTpjrUn. ^avc TC^U^ °^ tnc bargain I* "c would.
15. £dw.a/ Edward 1. anm. 2. granted a commilUon
to farm out all fuch waftcs, <£wd abfque
injuria, alterius fieri poteft. Andin4»»o 15.
afiertcd a great part of his woods for rent,
and djsforrefted in moft Counties of E»g-

land

fop ported and repaired their Eftates. 1 8 3

land tor a fumme of money they gave
him.

And it was not the lcaftof charitable Rot- cIauf- an.
thrift in the King* to reduce much of his 7' ^^,2'
wafte to habitation of Chriftians, Speci-
ally the remote forrefts, which would in-
creafe many thoufand families for his fer-
vice, and bring many thoufand pounds to
his Coffers.

But in the carriage of this bufinefli there
muft be much caution to prevent commo-
tion, for in them there are many that have
right of common [am nombre. And the
refolution in agreement with them muft
t>e fuddain,and confident^ for multitudes
are jealous and ineonfhnt. And the in-
ftrumcnts to erFecl: this, muft be fuch as are
neighbours, interefled and popular , noc
Grangers ; And the 6rft demife to the
inhabitants and at under and eafie va-
lues.

Kings raife money .and improve the Reverses
eftbtir Crown, by manuring ef Lands.

Thus did Henry 3. anno 13. in removing B or. ckuf. an.
out of moft of his Parks,as GiUinghamfitig- 15 Hen,?*
flock. Cliff Woodft^ Havered &c. aU™efflb ■*
mens cattle pro bohm3 fro Lardaria Regit in .
Parcis \>T£di8if imfinguendit.

And Edward 1. commanded all the EC Ror. fin< 2. &
cheators in England, Excolcre, fsminare & Edw. 1.
affropriare ad maximum Regit frcficuum omnes
terras, qut rcgi & Q'tontliu devemrint per
N 4 mortem

1 84 How the Kings of England have

mortem aiiquorum vocauonem Epijctfatium*

&'C.

Ings raife money and improve the
Revenues of their Crown

K

"j. Trading them -

ByMcr- . 2. licencing others to) LawJui
chandjfe^ trade in Commodities, } , r e
3. Improving Cu- wnMfHl-
Jt(tne<.

1. Trading tkcmjclves.

Rot- vafcon. Thus did Edward i.anno 22. feifedinto
22. Edw. 1. his hands all the wools in the Kingdom^
as the Merchants were lading them in the
ports, giving them fecnrity of payment
atalongday5 and a lhort price, and then
tranfporting them to his own beft and
read ie ft falc.

Rot-Almaign. Thus did Edawd 3. anno 12. with all the
,2.Edw.5. m

A^r.Ccncil. And Henry 6. anno 20. by advife of his
an.20. Heu.£ Councel toojtc up by way of purveyance
great fiore of Grain, and tranfporteft it
incoG<j/re/gwe3where by realpn of a dearth*
the price was extream. In anno 3 1. he ar-
retted all the Tin in Southampton, and fold
it to his own prcfent ufe; and in the year
following ufing the advantage of the Sta-
tute, which bound all men to trade the
fiaple Commodities to no other placcbut
Q i.i/ce3vented himfelf many facks of wool

to

fupported and repaired their E/iatc s. * 8 5

to other Ports of better advantage.

And the J ate Queen anno 1567. caufctb, Warrant, fob
by warrant of Privy Seal a great propor- prjvac.figill.
tion of Beer to be purvey ed> tranfported j^j^^2"
and fold to her ufe beyond the Seas.

Kin
R,

s raife money and improve the
tvcnue or their Grown

« 1. . 1 . fLawfull

By licencing others to trade^ Qr

Commodities L Unlawful.

1. Lawful^ butfoly.

Thus did Henry 6. by approbation of 29 ' toS */n
P^rlia ment3 withal 1 the trade q£ AHmeJor 15,
two yeirs granted to the Merchancs of
S eutbatnptoni or 8000. J. And again for the
like fum to thofe of Genway.

is Unlawful or Frobibitcd.

Thus did many of the Kmgsfahcr fuch p0t\clauf.an.
time as the heavy burthen of impofition 19.Hcn.g-
began in the miferablenicUUcy o\ Henry 3. Rot Pari. 15.
galled then by no better name ihenMaltoltJ RlcM*
! and continued untill the 1%. year of Ki-
cbtrd 2. by divers inrermiifions, for then
I find the laft petition of many in Parlia-
ment a£ainft it, was altogether taken a-
way. For when Richard 2. and his fuc-
ceflors found the Revenue lefTened, by the
importunate cry of their pcople3whereby

im-

1 86 Uov* the Kings England have

impofitions were laid afide, they began to
advife another fuppiy out of the unbound-
ed power of fuppofed prerogative, & find-
ing a gf cedy defire of one Merchant to pre-
vent another of hit market ( retrained by
that Aft or Statute&hich tyed them to one
time, and to one port Ca'Jaice, for alllta-
plc commodities )they ufed to fell Licences
with a claufc of Non obflante of any ftatute,
whereby they difpenced with multitudes,
to trade with what commodities and to
what places they would.
Ex billa fig- To the Merchants ofNewcaflle Ricb&J
Rkh" 20' 2'8ave leave to carry wool-fells &c.to any
other port bsftdes Catlaics, upon condition
that they fhould pay for them Cuftome
and fubfidie according Le fage dtfcretion de
voz ou de vofire [age CounceiL

To divede Cirjzens of London, Henry 4.
in the like fortdi(penceth for great quan-
tity of Tinne for (even years, paying 400.
1. yearly above the ufual Cuftome.
Ex petit, an 6. annii 5. %U ^o.reneweth to

5. Hen.tf. tnc town of Ntwajlle the fame licence they
had anno 20. Richard 2. and granteth 600.
facks of wool to BenediU Benoni Merchant
Ex aft. Con- of Florence, with non obflante any ftatute or
rcftraint : In this year fuch Licences were
fo frequent, that the town of CaUaicc com -
plained in Parliament of their decay
thereby; yet without relief as it feemeth.
For the fame King anno 36* . giveth leave to
Lawrence Bar barico to tranfport from Lo»-
don to Cketter 12000. facks of woollto

, what

fufported and retired their Estates. 187

what ports he lift : And Edward ^.anno 10,
borrowing 12000. 1. of divers Merchants, E* hilla ori-
permitteth them non ohflante any law to gjjj*** ,0,
carry any ftaplc commodities to the Strom
of Morocco untill they were fatisfyed their
fum.

Henry the 7. raifed much money , by gi-
ving leave to many Merchants to trade in-
ward and outward Commodities prohi-
bited, *tto Alonfo de Burgues great propor- Exlib.ComP.
tions of Ode Anno 6. and to a multitude jnccr Hcn.7.
of others all kind of grain and other for- fc Dudley,
bidden things,as in amis 20, 2 1^ 22.

K

Ings raife money and improve the
Revenues of the Crown, by impro-
ving cuftomes.

Farming out of Ships.
Railing the book of Rates.
Farming the Cuftomes.

1. FarmingeutofSbip

To the Merchants, and taking fecurity
of them, either to bring in or carry out
yearly afmuch Commoditie,as (hall yield
the King in Cuftomes the fum agreed on,
or elfc to make it up out of their own mo-
ney.

Thus didHenry;. many years, not only Ex'Mb.Hen.7>
with his Ships, but with divers flocks of
money.

2» Raifwg

188 How the Kings oj England have
2' Raiftng t be book.tf Rates.

g.EdwlT.Roc! This was in fomc fort done Confenfu Mer-
clauf. 29. Ed. caterum by EJawd 1. and Edward 3. and a-
i.Extratf. gain in Henry 8. time.of which the houfe
Bruxellcs. Gf Burgandie complained , as againft the
treaty of entercourfe,and of late (o ftretch-
edjas it is feared ic will prove the over-
throw of trade : neither do I find this
courfe at any other time.

As a branch of this,may aptly fall out
the benefit Princes made by a prerogative
power of impofing inward and outward
upon Commodities, over and above the
antient Cultome or fubfidie- The firft
that ufed this courfe after the Statute was
fettled, from a King of voluntary govern-
menc after the Gonqueft (when as Kings
Magna Charra ruled more by the edge of the fword then
30. by rule of la w) was Henry 3. about the en-

trance of his Raigne ; But rinding it to be
an apparent overthrow of Commerce and
trade, and againft the great Charter;made
pors clauUn. proclamation anno 16. in all ports
16. Hen. 5. n. cf j?nglancl that all Merchants might come
feciendo refits et dehitas confuetudines^nec ftbi fi-
tncant de main ioltis9 for it had no better
name then Maletolt!.

Some impofitions being laid by Edward

mSm™'2* l' *le in anno2t)' taketh them away, with
promifc5that neither he nor his fucceffors
ihould do any fuch thing without affent of
Rot p rl Par^ament5 granting in anno 3 1. to the

Ed!v. i!caP!i. Merchants many immunities, as releafe
&2. ' of

fnpported and repaired their Eftates.- 189

of prifage, for which they requite him
with fome increafe of Cu flora es, "but not
as impoled by his own power : For he in
declareth that no tallage or aide
mould be leavied without the aflent of
Parliament, nor nothing to be taken of
wools by colour of Maletolt.

In Edward 2. time,it appeareth that le-
vying of new Cuftomes and railing of old,
was the deftruftion ofTraffic|ue,and there-
fore repealeth MMaletoltes, only in anno ^^J^""-
11, 12. taketh by way of lone, and with
leave of the Merchants, fome former in-
creafe upon wools, afcribing nothing to
any fupream power to impofe. Rot fin#J £d

The like did Ed.the 3. Anno 1 . confirm- ^.Sracut.2.
ing in anno 2.the great Charter for free traf- Ed. 3. cap. p.
fique: but having about annoquinto grant- Rot.Par6.Ed.
ed certain Commiflions for a new kind of 3 -Stat. n Ed.
raifing tallage, the people complained 5 cap' ''
the year following, whereupon he repeal-
ed the fair! Commiflions, andpromifeth
never to a (It fie any, but .cs in time of his
Anceftors. After in anno 1 1. by reafon of
a Statute then made(reftraining all men
upon pain of death for tranfporting any
wools without licence from the King and
Councel ) Edward the third made great
advantage by felling of difpenfationsof
that la w,and grounded upon it many im-
pofitions; but it grew fo heavy upon the Inwign.
peoplesthat their difcontentments fo farre mc'^*t"in.
increafed, that the King was enforced to dors. '
caufe the Arch- biftop of Canterbury to per-

fwade

196 How the Kings of England have

fwade them to patience by his Godly ex-
hortations, yet notwithstanding he con-
tinued by gentle intermiflions the advan-
tage he had by that law of undecimo faking
an improvement of Cuftome for opening
Stat.15.Ed-3. the pafTagethat thereby was fhut in anno 1 3.

Edw.Pg.r St?t. until thc fame year the State m*dct>urcbafe
14. Edw .3. °i tne*r fofnier frecdome,and difcharge of
the Malotolt , by granting the tenth fheare
and fleece 8?c.

And thus it continued all his raign,be-
ing a time of gre*t ncceflity andexpence
by reafon of his warres, he fometimes ta-
king an advantage either to raife an im-
position, or elfc to gain an aide from the
people in difcharge thereof, they conti-
nually urging the injury in barring them
their birth-right : And the King on the
other fide the greatnefle of his own occa-
fions, and it may be gathered by Record,
that thus it held on until! the 15. Ricbard
2. in which year is the lad petition againft
impositions, generally grounded in likely-
hood from the Kings power in retraining
Licence grant- or permitting trade all the time after,
ed by Henry though licences with non obflante were or-
4. Henry 5. dinary, yet were they to private perfons
rt^M* t0 and for particular proportions of Coni-
chZ with modities, whereby the Kings fucceeding
non obftante railed no lelfe benefit then by tale or any
anyftatute. general permiflion. To this of impositi-
on I may add the rul e I find, anno 1 2 . Htnry
cil f Ln^ia011" 6t made in Councel, that the value of all
Hen. goods for the payment Subfidie , (hall be

rated

fup ported and repaired their Eftatef* 191

raced of Commodities domeftique as they
may be fold between Merchant and Mer-
chant: And if rorreign,then fo it fliall ap-
pear upon oath of the Merchant or his F a-
dor, they flood them in at thcfirft ; and
the general Maxims which limits all regall Merchants. *
advantage upon trade of Merchants, is, ut
Caufa bonefta fit et mcejfaria% ratio facility tern-
fus id$ncum.

3. FarmingMofCuflomes.

So did Edward 3. with the new and old £jauf anno $i
Cuftorncs at London for 1000. markes
monethly to be paid unto the Wardrobe. Original.17.
The like he did ann* 17. Edw* 3 ">t.a.

Richard 2. anno 20. lecteth out for term
of dife the Subfidie of Cloth in divers
Countries.

And Edward 4. anno, i. the fubfidieand
ufuage of cloth.

Thus did Henry 8. with his Cuftomcs,
and fince his time, the late Queen, and
our now Soveraign Matter; and it was fo
then in ufe in the beft governed Statefome,
which let our portions anddecirrfs to the
fublicans.

Kings raite money, and improve the
Revenues of the Crown.

1 9 2 How the Kings of England have

r Liberties.
C i. Tempor- \ Penalties
By Rega- ) all, as for^of Lawes.
lities, * Or ) Letters of
£ 2. Mixt. ^Favour.

Liberties.

In granting3refiraining or renewing them.
It is a courO ufual?that Kings have raifed
in money by calling in qucftion the Char-
ters and Liberties of Corporations, Leets*
Free-Warrens and other Royalties.

Thus did Richard i. proclaming, Qkod
ExRad. cog- ontnes chart* et confimauones, qut profit figiBi
flwH- imfrefjione robdraverintsirrit£ fount nift fofteri-

ori figillo roborentur.

And Henry 3. anno. to. enjoyed all qui
[uU volibant Lihrtatilmi gaudere^utinnovarent
chartas fux de novo Regit //gM:getting money
thereby.

Edward i.by divers Commiffions with
Rot Ragman. *n'lck&(.c*Mcd Articuli de agman Jannexed
an.7*.Ed. 7. ' to them,called in queftion about anno 70.aH
Ror.Qao war- the liberties and freepomes of EnglandiGil-
ranto8.Ed.i. berl deT'bornet&n hisAtturney putting infor-
mation by Quo warranto againft all perfons ,
as well bodies Politick as others; whereby
they were inforced a new to renew their
Charters and fines for theirLibertics.
Rot. Warran- The like was in anno 13. Edward 3. in
toig.Edvr.?. whofe time aJ9no 0t au daufes of allow-
ances by Charter of arnerciaments,fines,
&c. impofed by the Kings Minifters upon
any of the Tenants,of other men were ad-
Judged

fupported and repaired their Ejiates. 193

judged voidjtnd the penalties made paya-
ble to the Kings officers^unleflc they made
a new purchafe of their liberties. And
this was one of the ufualeft and eafieft
meanes to raife money from the people;
becaufe it lighteth onely upon the beft a-
bilities. And if there were now but 20. 1.
taken of every Corporation; of every per-
fon that holdeth by Charter his Liberties
5. 1. for renewing them : and of every one
tbatclairaeth by prefcription io.l.for pur-
chafe of a Charter 5 all which would be
eafie and acceptable > it would amount to
above iooooo.l.

For penal La wes that have been fome-
times but with ill fuccefle wrought upon.

When Richard 2- anno 22. began this
courfe, appointing in all his Commifllons Infi™^10 °"
and inftru&ions , Bujbey onely to be of the ftfcjJV.2 *"
Quorum for compounding with the Delin-
quents, it wrought in the affcttion of his
people fuch diftafte , that it grew the
death of the one and depofition of theo-

No leffe fatal was thelike to Fm\>(on:md Dudley C°n.V
ithere is no firing will fooner iarre in the Hen. 8.
Common- Wealth then this, if it be gene-
ally touched.

For letters of Favour

Either for mitigation or difpatch of
Juftice.

Of the firft fort there be many found
O in

1 94 Bow the Kings of Englandhave

in Henry 6. and Edward 4. time, fometimes
of prote&ion, although by courfeof the
Common Law none arc warrantable but
to fiichas are going in objequium Regit, or
ibidem moraturi , ibmt times freeing men
from arrefts by calling them up to appear
before the Kings Councel : Sometimes
in caufes highly criminal relieving the
Prifoner, in commanding the Judges to
make ftay of all proceeding upon fuppofal
of indirect pra&ifes until the King was bet-
ter informed*
Lib. aquitanc. Of the fecond fort there are many in
inter. Hen. 7. Henry 7. time, where the King hath taken
& Dudley, money for writing to the Ju dgss of Affize
his Letters of faveur.

For Offices.

Thus did King Job with the Chancel-
lor-fhip, felling it for term of life to Gray
for 5000- markes ; divers offices now in
the gift of the mafter of the Rolls were
engaged to the Cbancellour and Treafu-
rer of England, as arc to be found in Record
of Hemry 4. Henry 5. and Henry 6. to be
v- pafTed by warrant of the Kings hand, and
upon fome consideration. And Henry 7,
renewed this courfe, ufing Dudley as his in- !
fliument to compound with fuitors of
thofeand any other places.

And by that Record we find the Chan-
cellor, the Chief Juftice , the Keepers of
inoft of the Records , the Clerks of the

Afllzes '

fupported and repaired their E8ates. 195

Aflizes and peace, the Matters of his Game
and Parks, and what elfe carrying either
profit or reputation,paidtothe King fome
proportion of money tor their places. Nei-
ther is this different from the courfc of
other State*. For in France Lewis 12. cal- J^ia? ^2vi"
led the Father of his Country, did fo with * W1S 2*
all offices not being of Judicature, which his
fucceiiorsdid not forbear. In Sfain it is Va^caD .
ufual, zndVajqui the Spanifb Advocate de- infruffione*
fendeth the lawful neffc of it : And Charles Caroli $. to
the fift prefcribeth it to his fonne , as a Phil. 2.
rule in his laft inftruftion, drawing his
ground of reafon and conveniency, from
the example St pra&ife of the See of Rome.
The like might be of all inferiour promo-
tions that are or may be in the Kings gift,
whether Ecclefiaftical or Temporal,if they
were after the true value jn profit and re-
putation lifted into rankes, according to
the fever al natures of their imployments
refpe&ively.

For Honour s9

And that either by Power legall or Ele-
ction.

Of the firft it is only in refpeft of Land,
whereby every man is to fine when the
King (hall require) that hath ability to be
made a Knight and is not,of this fort there
be plenty of Examples.

The other out of choife and Grace, as
Hugo de Futiaco Bifhop of Vur bam, was by
O 2 King

' ■ Y 1 in* i,

ttovp the Kings of Eng Und have
n 1 i

King Richard i. created Earle of Northum-
berland for a great fum of money : And I
doubt not but many of thefe times would
fct their ambition at as high a price. And
for his Majefty now to make a degree of
honour hereditary, as Baronets, next un-
der Barons, and grant them in tail, ta-
king of every one icoo. 1. in fine3it would
raife with eafe iooooo. 1 . and by a judici-
ous election be a meanes to content thofe
worthy perfons in the Common- Wealth,
that by the confufed admiflion of many
Knight of the Bath held themfelves all
this timedifgraccd.

For Coine and BouHion.

By which although fome Kings out of
a lait drift , have fecmed to relieve them-
felves, yec was it in truth ful of danger and
difmirt to the Commonwealth ; being an
aflured token of a bankerupt flate : and to
the Prince in conclulion of mod difadvan-
tage. For the Revenues of the Crown
being commonly incertain Rents $ they
muft in true value, howfoever in verball
found, be abated to the proportion that
the Money mall be abafed. And every
man will rate his commodity in fale, not
according to the accompt of pence or
pounds , but to the weight of the pure fil-
ver conteined in the currant money. As
for example, That which was before the
decrying of the Coine worth five {hillings

the

fupported and repaired their Ejiates. 197

the pound- weighty will (if the allay be to
the halfe ) be held at ten (hillings ; and fo
in every proportion refpe&ively. For
money is not mccrly to be eftecmed inre-
fpe& of the fculpture or figure; but it muft
value in fecunia quantum in maffa ; And (li-
ver is a commodity as other wares, and
therefore holdeth his eftimation as they
do according to the goodnefle. And the
Lord Treauirer Burleigh in Anno 1561.
when the currant of State- Councel affect-
ed an abafement of coine, after a grave de-
liberation advifed the gjhteen from it, and
never would give away to any fuch refo-
lutioninhistime. But that benefit which
truly the King might more make of Bulli-
on then now he doth, is to ere ft againe
Cambium Regis his own exchange. An of-
fice as antient as before Henry 3 and fo coiu
tinued untill the the middle of Henry 8. the
profit of itbeingnowingrofledaqionga
few Gold-Smithes,and would yield above
joooo.l.a year if it were needfully regard-
ed, and thenfhould the King himfelf keep
his mint in continual work,and not ftand
at the devotion of others to fupply B«0i-
ens andfhould never want the materials,
if two things were obferved : The one to
permit all men bringing in Bullion , to
trade outward the value thereof in doraef-
ticke commodities at an abated Cuftome.

The other to abate the mighty in-
draught of forraigne manufactures, and
unnecefliry wares, that the outward trade
O 3 might

196 How the Kings of England have

might over-ballance the inward, wfrftfi? o-
thcrwife will ( as it hath done ) draw on
this defperate confurnption of the Com-
mon- Wealth : Which anno 27. Edward 3.
was otherwife, for then' the Exitus exceed-
ed the Imroitut by farre , and* in the lad
times of the late Queen as in anm 1573.
ExScacarin- ^or at c^*s tme c^c unmeafurable rife of
ter rcmemb. Luxurious Commodities was brought in(as
Regis27. Ed. wines, fpiccs, filke, andfine linnens^&c.J
3- for of the latter fort of above ten groats

the elle there is above 360000. l»yearely
fpent,whicb is half the value of our cloths
tranfported3maketh the State to buy more
then they do fell, whereas a good Father
of a family ought to be vindacem and not
emacem. Befides the condition of our People
isnowfuch, that the greater part neither
get nor fave, which in a private houfe is
an apparent argument of ruining , and
muft be no lefle in a Common- Wealth.
And it is obferv'd generally,that hence the
want of Bullion now is fuch, that there is
not money in Specie fufficient to pay the
lenders their principal, fo that ufury is
paid for money upon fuppofition, and not
really.

If then hia Majefty (hall bepleafedby
advife of his Council, to advantage him-
felf any otherwife by coinage^ it will be fa-
fer to do it upon a ftmpfe mettall, then.by
anyimplyant or better fuite, which Well
governed States both modern and antient
ufed : For Rome in her in creafe and great-

fnpported and repaired their Bftates. 197

eft pitch of glory had their money *re, ar-
gento, euro puto p«ro3 and fo have ail the Me*
mrchies absolute at this d iy in Chriften-
dome. And I believe ic may be wroughc
to his Majefty of good value, and to the
State of much eafe, if it may be put in
pra&ife with difcreec camion and conftane
refolution; for the danger onely may be
in the venting of the quantity, which may
clogge the State wkn ufelelfe money, or
execution of the example, which may work
in by degrees an embafeaient of Bulli*
Qn.

The proportion that I would hold be-
neficial and fare ,fhou!d be in the maile^ac
iirft 120000.I by which hisMajcfty mould
gain 1 0000. L clearly : the increafe annuall
1 2C00. h in which his Majeily fliould gain
1000. 3. And the limitation^ that none be
enforced to take any but in kimroes under
20. s. and then but the twentieth part pro-
portionably.

Again ft this fame may objecl:, tha.t it
will either not advantage the King fo
much as is projected, either from the dif-
ficulty in venting, or facility in Counter-
feiting, orelfe prejudice the efhte with a
worthleffe money.

The benefit to the King will ealily fall
out , if he reftrain Retailers of victual and
(mall wares from ufing their own tokens^
for in and about London, there are above
5000. that one with another caft yearly 5.
1. apiece of leaden tokens, whereof the
O 4 tenth

SOO How the Kings of England have

tenth remaineth not to them at the years
end 3 and when they renew their ftore,
which amountah to above 15000.L And
all the reft of this Realme cannot be infc-
xiour to the City in proportion. And
the form and figure may with an engine
Co fubtilly be milled, that the charge will
prevent ail pi ac~cife of falfc play.

For the prejudice fince London, which is
not the 24. part in people of the King-
dome, had in it found above 800000. by a
late inquiry by order of the late Queen,
and fo faileth out to be 2 d.a pcrfon,in the
intire hate it may be nothing, either of
JofTc by the firft uttering being Co eafie,nor
burthen any with too great a mafle at a
time, fince continual ufe wilidifperfe fo
fmall a quantity into fo many hands. But
on the other fide wil be to the meaner fort
(except the Retailers that made as much
advantage formerly of their own tokens,
as the King (hall now ) of ncceffary ufe
andbenefit ; For the buyers hereafter (hall
not be tyed to one feller and his bad com-
modities , as they are ftill , when his to-
kens , hereafter made currant by autho-
rity, (hall leave him the choife of any
other Chapman, and to the poor in this
time of fmall charity, it will be of much
reliefjfince many are like to give a farthing
almes that will not part with a greater
fum.

BefideSjit cannot but prevent much waftc
of filver, that by the minting pence and

half

fupforted and repairedtheir Ejiatet* aoi

half pence occafioned, there will be no
caufe hereafter to cue any Bullion into
proportion fo apt for lofle : what that
hath been may beconjefturedjifwe mark
but of the great quantities from the peny
downward iince Henry 8. arm ftamped,how
few remain: whereas of all the coines from
three pence upward which are manual ,
plenty paflTe ftill in daily payment*

Regalities mixt.

As for reftitution of the temporalities
of Abbots and Bifhops;
For which Henry 7. received great fums.

Corrodies in Cathedral Churches*

And having in every Cathedral and
Collegiate Church, as incident to his
Crown a Corrodaryjinade money of it^at
the higheft rate he could.

Vacancy ofBifoofricly.

The benefit at the vacancy of any Biftiop
fome Kings have u(ed to their beft advan-
tage^ making a circular remove of as ma-
ny as in reputation and profit were inferi-
or to the place void.

Con'

200 How the Kings of England fwve

Concurrent Jftrijdiftion as ibe Pofe bad in
former times.

Befides, there are two of no mean com-
modity.

The one is grounded upon a concurrent
Jurifdi&ion with every Ordinary in the
Dioccfle, which the King by having the
power Fapall in that point inverted in him
by Aft of Parliament, may cxercife by his
Commifljon, or otherwise remit to the
r Ordinary for fome valuable refpeft.
origi»a7rncer Thus did Cardinal IFooljey with Warbam
Card. Wool- the Arch-bimop3and all other the Bifhops
fey, &Archi- of the Kingdome y after he had got his
ep. »:ant, da- Legative power. And this if it were 'put
tedi4-Hen. 8' jn praftife,would draw to the King 20000,
J. in his Coffers.

iembs of the Church- Lands now in the Laity.

The other is the fnort account yielded
the King of fuchEccefianicalltenthcs and
duties, as were often or Annually paid
unto the Pope in former times , and now
by Statute inverted in the Crown: for
in former times the See of Rome recei-
ved them not, as onely out ofthemeer
Spiritualities, but alfo from out of. all
the Temporalities of Spiritual perfons;
which Land being now divided from the
Church into the hands of the Laity ; yet
ought they tcrpay this dutie, fincethey
were fettled in the Crowne by a former
Law, and no fubfequent ever hath dif*
charged them.

A N S W ER

1 0 CERTAIN

ARGUMENTS

Raifedfiom

Suppofed Antiquity,

And urged by fomc Members of
the lower House of

PARLIAMENT,

to prove that

Ecclefiafticall Lawes

Ought to be EnaBedby

Temporall Men.

Written by Sir R o b. Cotton
Knight and Baronet.

LONDON,

Printed in the year 1 6" 5 1.

iiiiffiitii

A N SA V E R

TO CERTAIN .

ARGUMENTS

Railed from

Suppofed Antiquity,

And urged by fome Members of the
lower Houfe of

PARLIAMENT,

To | rove that

EcclepafticaU Lawes

Ought to be EmStdiy

Temporall Men.

Hat, befides felf- regard, or
tiding faction, hath been
the main reafon of the
lower Lay-boufe labour in
Parliament, to deal with
lawes of the Church, the
milder members have yielded a Right
which they would maintain by former

Pre-

204 An Anfrver to certain Arguments

§.Reafons out
«f prefident.

Prefidents, railing the fame from

I.Imperial
conftitutions.
2. Saxon laws.
3. A#s in
Parliament.

1. Primitive ufe.

2. Millie pra&ife.

3. Interrupted continuance.
Profeffing the fawjc by the lawes of

1. The Ro'tii<mt;Empm.

2. The Saxm Kings.
5. The Engtijb Parliaments, fo to do.
WJiich iincp jit „may raife a prejudice to

the jCfcurphe's peaoe/Dr to ihr Sovereign's
power, unoppofed 5 I will make way ( in
a word pr two ) to tt$e better anfwer of
fbme other pea. What'jtbey (ay is not
to be denied, that in the courfc of civil
lawes tinder the Chriftian Emperor«,thcre
be often confticutioiis Ecclefiaftical ; and
in t^Counccls of the Cfcurqh tfreqaent)
die SovefaigfieV power 5 a«i fotiietime*
the prefence of .la y-Mtnifters ; yet may
their afTertion admit to the firft, this an*
fwer of w $ ttimifes^ Scienter 3 E-
pi[coformmonitAy fro fide & Religion? C6r/-
/f/dtfrf , Lege* Synedkif Canonibus conformes
edidere, rede pdif antes 9 Sacer datum Santtie*
nes meritS Majeftatu Regit nuiu roborari. So
Tripartita Hi- tnat thofe decrees of the Civil Lawes,will
fioria. prove but confirmatives of former Canons^
as may be gathered by that of Valentinian
and Martian Emperors, who wrote unto
Valadim9 their Pufedtts Priori/, that all
conftitutions, that were againft the Canons
of the Church mould (land void. And to
the fecond, that their prefence was to
dignifie, and not to difpuce; the direction

proveth,

Juftinian,

raifedfrom fuppofed Antiquity , &c* 205

proveth, that the Emperor Ibeodo/m gave Diftinfl. 196.
to Candidianus an Earlc, by him tothe lu

Epbefian Coan eel Cent ; No« ut qutftiones
feu expofitiones communicant 5 enm fit illicitum
cum> quierib fit inordine [anftiffitnoiu EfifcoforZ,
Eccleftaflicis traftatibus intermifceri* And
Vakntinian the elder, though petitioned
by the Bifoops to be prelent at their Synod, Nlccphor. lib.
faid; Sibi9 qui unus h laicorum numero ejjet, 11 •
non licere bujujmodi negotiitfe interfonere. And
by the Councel or" Cartbgge and African, Con. CQitth.
likewife ic appeared ; that even Princes cil. \Affric.
would intermeddle with thefe matters ,
but Sffiu* tegati ab Epifcopit. And the
Emperor G ran an taught, as Zozimus faith;
Omnes Lakes nihil foteftalk in res Ecclefiafticas
fojfe ftbi vindicare. And the former Emperor
enacted \ln caufa Ecclefiajlici alicujus ordinis eu
judi care debere , qui nec maunere impar efl3 nec p"?^ 2 5*
jurediffjmilifsSacerdctesdeSacerd<jtibusjudicare. pi
According to that faying of Conftantine the Ruftna$ gc.
Great ; Vos enim a Veo nobis daii eftk VH9 & def.hift.lib. 1.
conveniens non eft ut homo judi cetVeos. Thus
then flood the prattife of the primitive
Church; which when it was in thofc times
otherwife, as under Conllanius the Arrian, Athana epift.
Atbanafm faith of him : Htrefeos veneno ad folic, virgin
imbutos milites , Sicmios , Eunucbos Comites9*&m*
fudebat Sacer dot urn Judices> & cogebat umbrt-
tiles S)nodas> quibm ipfe cum monftrit Wis fr*-
fiperet. Whereas otherwife that Emperor,
even in the height of Pagan Greatne/fe, {Jaftc^n*
afcribed to their Fontifices and Sacerdotes in
Common Right* Fropter Religonem comitia

habere

2o8 An Anfaer U ctrtdin Arguments

habere frofria^nd that Stabili Sententia ratum
ex at% quod ties Pontificesammni deer etc flaw*
iffent.

The fecond Otyetiiw. Ecclefiajiical Lams
enaclea in Parliament.

To the fecond, as it is in the former
true, that many Canons of the Church,
arc interlaced with the Common- wealths,

Saxon Lawes. although the S<wo«Lawcs, and that the
eftablifhment (hould be by Parliament,
which they infer out of the Frmtiffian9 of
Inas Statutes in thefe words ; Ego In* Re*i

leges Int. ex traftatione Efifcoforum9& omniu Alderman*
norum meorum, & [enierum fafientum Regni
met} & ctnfirmatione Pofuli mei ; do ordain
&c. Yet may receive this anfwer. Firn\>
that the Commons did but confirme and
not difpute j which to this day is in their
fummans comprized only ad confuetudinem.
But whofocver (hall collate the tranfeript
copie with the originalI,^called lextw R«f-

Textuf Rof- f* »/«f aWill find thefe ordinances, not called

fends* Leges9batSynodalia9 andalmoftallby the
King and Church-men onely made. Nei-
ther was it new in this Ifle that Priefts di-
rected alone the government, when as the
beft Record of our eldeft memory faith,
that the Vruides, ( a religious Pagan order J
not only divinis inter (unt , Religienes inter*
fretamur9but de omnibusC as Cdfar faith ) con*
trwerfiis public is privatifque conlrimnt9 five
dtbtuditament99 five de finibus3 &fr*mia &

rat fid from fappof 9d Antiquity. 209

7xna$ conftituunt.hnd if any, five \rivatus^au\

)opulnf dcaete eoru mn fleteritjactificiis interdi-

cunt. And this extimunicatitn amongft them,

Wi$f£nagravij)tma. Neither did the time*

of Chrift ianity here bereave the Ghurch

of all fuch will. For in the Saxon time

they intermedled in the framing of the

Temporal Lawcs, and ought,as appeareth

l>y an Ordinance of that time de Officiis E-

rifcofi: Cumfeculijudicibm inter effenef emit" tega Rcgum

ent ft peJJtntyUt Wine aliqua fravitatum gemina Saxorum. „

wtiulaverinu And furcly, fince thefe times

until of late, the inferiour Minifters of Eulogium.

the Church, afwell as Biihops had furTragc AI1 *f ™ertt

in Parliament. For

ttory as old as King John % time ) faith, proved by
Anno i2io» Cenvocatum eft Parti amentum Record.
tlndonUy Traftdente Arcbiefifcofo cum toto
?ler$. & tot& fetia Laicali. And in the 8. Rot. Pari. 18.
3f Edward the 3. the Members of Parlia- Ed*-3*
ncnt defective in their appearance , the
King chargeth the Arch-biftiop to punifti
the defaults of the Clergy, as he would,
the like touching the Lords and Com-
mons. And in third of Richard the fecond, JM. »•
igainft a Petition in Parliament contra- 3 Rich'2'
iifting Provisions, the Prelates and whole
Clergy, make their poteftations 5 And to
1 demand of the Lay-Commons, for the
King's aide the year following, the whole Jjffl"*
Clergy anfwered, that they ufed not to 4
grant any but of their free will. And in D - .
:he eleventh of the fame King, the Arch- SffSf*
i)i(hop of Canttrbury made openly in Par- ' * * *
P liament

a io An Anfrer to pertain Arguments

L 1 -J " 4

liamcnt a folcmne protection for him*
felfe, and the whole Clergie of his Pro-
vince, entered by word \ the effect where-
of was, That albeit they might lawfully
be prefent in all Parliaments, yet for that
in thofe Parliaments matters of treafon
were to be intreatedof, whereas by the
Canon-law they ought not to be prefent,
they therefore abfcnted themfelvcs, faving
their liberties therein otherwise.
Rot-Parl. a». And in the 2 1. of Ricbard the 2. for that
21. Rich.2. n. divers judgements were heretofore undon 5
p&io. for that the Clergy were not prefent: the
Commons prayed the King,that the Cler-
gie would appoint fome to be their com-
mon Proftor, with fufficient ^authority
thereunto. The Bifliops and Clergy there-
fore being feverally examined, appointed
Sir fbmas Fiercy their Proftor to aflcnt>as
by their Inftrument appeareth.
Rot Pari. an. And the fame year, upon the devife of
91. Rich.2. n.Sir7fow# Bkffey, moft of the BiQiops and
Lords were fworne before the King again,
upon the erode of Canter bury ,to repeale no*
thing in this year enacted. So did fun-
dry the Pro&ors of the Clergy, and moft
of the Commons, by holding up one of
hands, affirmed that they the fame would
do.

9.Ric. 2.B.58. *n lne judgement of the ~Du\t of Nerfrikfi pf
and Earle of Wwxvk\ the fame year, the
name and afient of the Procurator of th

1. Hen.4. Clergy alleadged. And in the firft of ffcwrj
4. thcBiftopof^jfart, for Arch-bifhopi

and

hi*
b
k»
ii)

flfao

I cos
toorii)

otate

raifedfrom fuppofed Antiquity. 21 1

and Biftiopsj the Abbot of GlajfenbttrJ, for
all Religious Pcrfbris 5 thcEarie of (j/m-
cefffr, for Dukes and Ear les 5 the Lord
ofBarkfey, for Barons and Baronets; Sir
lb mas Irfingbam Chamberlain/or Batche*
lors and Commons of the South ; Sir
Jbomas Gray for Batchclprs and Commons
of the North 5 Sir William tbirming and
J%hn Metyam Juftices, for the whole E-
tfates,came to the Tower to King Richard,
to whom Sir WiUiam tbirming, for and In
the name of them all , pronounced the
fentence of depofition, and the words or
refignation of homage and loyalty.

And when it was eriafted anno 6.Henry 6, Rot. pari. am
by the King3 Lords temporal and Com- <*.He.£.n. 27.
mons, that no man (hould contract: or
marry himfelf to any Queen of England,
^tQt>f[ without the fpedal licence arid aflfcntof
the King, on pain to lofe all his goods
and lands ; The Bifhops and all the Clergy
to this Bill affented , fo farre as it was
hot againft the law of God. And thus far
for arifwer to the fecond part.

bit
If*

:: 0

J

The third Reafon. Ecckftajlicat! laxves enscl-
ed in Parliament.

t

ao

The laft, which they granted from
Prefidehts5ParIiaments fince the Conqueft,
they infer out of thePhrafe, and out of
iiof^thc pra&ife ; The firft by thefe words :

" Rex WimonU celebravit magnum Concilium William
mamEpfcofjft ComiMbw^ &Baronibuf9 mi- Malmclfcttry,
P 2 flaking

213

An Anfmr to certain Arguments

flaking the word, as intending a Pro via*
cial Synod, whereas ic was in thofe daie*
equal and ufual for their Parliament, that
Fiemb phrafc never having adiniflioii in

Lib- Ecclifec lnat fcncc ncre untl^ tnc time °^ Henty
Cantuar. 2. aad then but rarely. That great aflcm-
bly being formerly infilled Magnum Confi-
lium 5 and until of late often enjoyed the
fame name. And this h evident out of
the words of Beneditlm Abbas in the life he

Vita Hen 2. wrote of the 2. Henry ; Circa feftum fantli
?auli*venit "Dominus Rex ufque Northampton^
tna^num ibi cdebravit Confilium de Statute
Regni fui coram Epifcopisy Comitibtu & Baroni-
bui terra fu*, & per Confilium Militum & bo*
tninum fuorum. Here the intent manifeft*
eth the nature of that affembly, and the
fuller in that the fame Author in the fame
year,faith,that Ricbardw Cantuar. Arcbiefij-
caput, and Rogem Eboracenfts cum Suffraganek
juis congregatis apud Wcflmonafierium in Cap el"
la Monacberuminfirmorum tenuerunt Confilium^
or their convocation ; which had been
needlcficifintheirfirfl, they might have
done their Church- affaires.

Here might I enter into a large and juft
difcourie , as well of the authority as
antiquity of their Convocation or Synod

Bed*. Provincial, no lefle antient , as Beda
rocntioneth, then in the year 686. when
Auflin , adjutorio Regis &c. affembled in
Councel the Brittain Bifliops ; from which

Provinciil unto this day there is fucceffive Record of

Confticutions. Councel s or Convocations, lefle inter-
rupted

raifeifrom fuppofed Antiquity. 3 1 3

m

,fk
ft in

i

C4
d the

Bfebe
1/4$

»*

tfif,
ft*

IC^
'40*
id bcci

idif

fSp(K

#1

rupted then of Parliaments.

Now touching our pra&ife to ordain
in Parliaments Lawes Eccleliaftical, either
meer or mixt, although it be by Record
evident, yet mull it admit this difference:
Firft that it fprung not from onr difpute,
or defire, but folcly from the Petitions
of the Church, asufual is in all the Rolls11 c* r*
of Parliament , receiving their diftinft
title from thofe of the Commons. And
this they did to adde Seculare Bracbium to
their former Canons, too weak to reach
to corporal puniftunents ; as in the fift of
Hicbard 2. when to fupprefle the Schifmcs,
the Clergy became in Parliament the Peti- ciauf.5. Rich'
doners to the King and Laity ; where 2.
thefe words of their affiftance are, exclud-
ing the Commons from any power of ad-
vice : Habita pius bonk & mama deliberation*
ie communi Confilio iffm Arcbtepijcofi, Suffra-
ganemm [umm, ali$rumque Clericerum, jnfer
quo idem Arcbiefifcopus fupplicavityktpro debit a
ca fiigatione itiorum qui csnclufanes Scbifmaticai
ptdicare wluerint, animo obJiinaU dignaremut
apponere bracbium KegU potefiatu eidem. And
this aide was in order in the Conquerors gj™ ^B(i>
time ; who by cdift commanded, that c- qn».EB.
very Mar(hal,Epi/c0pa &Veofaceret refiumje*
cundkm Canones & Etifcopales leges. Which
if he doth not, after excommunication,
Tortitud* & Jumtia Zegit ad bibeatur. And
P 3 this

214 An Anfaer to certain Arguments

Arabrofius.

Cone il. ii.
Toleran.

this even in the Primitive Church , was
thought convenient ; becaule, as Saint
Ambftje faith, tor the like intent, to the
Emperor Valentinian 5 Non tantas vires femoi
mus babimus eji froTrimtate bcGum gerens3
quantum cdidum turn* Hence it is that at
thisdjy, the King's authority is annexed
ever to the Convocation; as in the anticnt
Church were the like dc crees of Kings 5 as
thofe of Emgitts ratifying the twelfth
Counce! 1 of lokde. Nemo Wiciatorvel con-
temptor vigorem bis Inftitutionibus {ubtrabat,
fid generaliter fercunttas regni mftri provinci-
al btc Canmum infiituta noflra glorU tempori-
bus a8ds & autoritdtit debit* fafligia pt£pol*
lebunt , & irrevocabili judi riorum exercitio
pout conflituta funt in omnibus Regni wftr?
frovinciis celebres bdbsbuntur.Si quid autem b<ec
inftituta contemnat^ contemptor je novorit dam-
ndrifintentiks Idefl, utjuxtavoluntdttmnd-
flr* glorit, & excommunicato* a mffro C£tu re-
filidt ; & in fuper decimam pattern facultatis
futfifci partibus fociandam, amittdt. But that
the Church -lawes ever moved from the
lay- members, I takeitasfarre from Pre-
fident, as it is befides the nature of their
Commiffion : The Bifhops and Clergy
being onely called in the Writ to that
fervice, the word being, to come in fide
& dele&ione j dd decUraudum Confilium &
dvifamentum, & adconfentiendumiit qu* turx
de dvifdmento & dflenfu C^i neftri (and not
the Commons ) contigerit dffirmdri. But if
any (hall objtft unto me, that many laws,

as

Atl eonfenti-
endum.
Writ of fum-
monsRoc
t»\iufan.22.
Rich- 2 m 7.

raifedftom fup pofed Antiquity % &c. 2 1 5

as that ot the Supremacy in Henry 8. time,
had tirft the giound in Parliament $ it is
manifeftcd , by the dates of their a6b in Arc*1!v,sr
convocations, that they all had properly rc"lcP18,
in that place the firft original. And that
this was the u{e of old, nothing will leave
it fo cleer, as to observe the fruitleffe fuc-
ceffeofthe Laity , in all their endeavours
tocftablifhEccleiiattical lawes; And this
| will manifeft by the Kings anfwer out of
Record, fo farre as the Rolls of Parlia-
ment will admit me, fucceffively. Until
the 1 8. of Edward the firft, there is no Re- RCt, pari.. 1 8
cord extant ; but in that the Commons EdwiV
petition to the King, that a law may be
made againft Ufurers ; The King gave
anfwer, that it mull be remcdyed, ceTam ufijr,e»
Ordinariu. And when they delired remedy, Vcxatl0n
de multimodis injuflif vex* tisnibuf eU fail* per Ordinar iel.
Officiates & alios miniflros Ecclefi*-, The King
feplyedj CanceUarius emendat intemforalibm ;
Archiepfcoftts faeiat in jfiritualibits. From
hence there is a lack of Record neer to R0t.Par!»8.
the 8. of Edward In which Parliament Edw 5.
the Commons defire an A& co reflrain the
Clergie in their trivial citations ; where- Citations,
unto they received from the King but this
anfwer only 5 That the King will charge
the Bifhops to fee it remedyed. And the
firft of Richard the 2. preferring the like Ror: ^ art-
petition againft corruption of Ordinaries, '* R,2^
to do according to the Lawes of Holy pSJw,
Church. And in the fift of the fame King, 5. Rich.2.
they complain againft abufes in Ecclefiafii- EcdefiafticaU
P 4 call Courts.

2 1 6 An anfwer to certain Arguments

cal Courts. Kejfons. The King will charge
the Clergy to amend the fame.

And in the 15. year, when they rcqui-

Tythes. red an Aft to declare the age of the titbe-
able wood- 5 they had for anfwer. The
King would move the Bilhops for order,
between this and the next Parliament.

i7.Rich.2.n. And in the 17. of Richard 2. when they

43. petitioned for a rcfiding learned Mini-

ftcrie, fo as the Flock for want might not

]K? Mi"Pcrift5 they had replyed, That the King
1 willeth the Bifhops to whom that office

belongctb, to do their duties.

Rot ParI an.2. Henry the 4. in his fecond year , delired

Hen.4 n.44. by the Lordi and Commons to pacify the
Schifme of the Church 5 Anfwereth , he
will charge the Biftiops to confider the
fame. And in his fourth yea r, being im-

4-Hen.4. port uned for an Aft for reiidencieof Mi-

nifters; replyed Le Roy command a* Frelats &

ferentrecy ils em purvoient de remedie. And in

the eleventh of the fame King, to the like

petition 5 Rejpons : Cefte matiere affartient a

St. Edife&remedeen la darraine Convocati-
ii'Hen.4* fc J

on,

Rot.Parl an.i. 1° Parliament under the 5. Henry, and
Hen.5. his firft year,the King anfwereth the Com-
mons petition, againft oppreffing Ordi-
naries 5 If the Bifhops do not redrefle the
fame, the King will.
RtDt.Parl.an.^ And in Anno 3. Henry 6. to a Petition
Fen d. that Non-FUfidcntes (hould forfeit the
profit of their living; gave anfwer, that
he had delivered the Bill Co my Lord of

Canter bur)

raifedfrom fuppofed Antiquity 217

Canterbury, and femblably to my Lord of
Tork$ charging them to purvey meanes of
remedy.

And in the year following, to a petiti- Rot.Parliij
on that Patrons may prefent upon Non~ 4' Hcn
Reftdencie 5 Refpons : There is remedy fuf-
ficient in the Law fpirituall.

Since then it is plain by thefe rehearfed
anfwers, that from the Conqueft9 they
have received but Meak admittance : And
by the edift of the firft King William in
thefe words,a OiarpreftraintjP^o & mea qU^Bf*tl"
afitboritateinterdico, neulluslaicus bomodt le-
gibus qua ad Epifcopum pertinent fe imromittat.
And that the Saxon Synodals, are rather Le ' Q r«
Canon-lawSjthenLay-mensAftes. And 8
thepra&ife of the primitive Church, if
well underftood,but a weak prop to their
defire; It may not feem diftaftful from
the King (walking in the fteppesofhis
Anceftors,Kings of this Land)to return^as
formerly ) the Commons defires to their
proper place,the Church -mans care. And
to conclude this point in all Parliaments, 1
as Martian the Emperor did the Cbalcedon , .. . ^
Councch Cejfet jam prof ana contention nam
vereimpius&facrilegus eft9 qui f oft tot facer*
dotum[ententiam9 opinieni (u* aliquid tratlan-
dum religuit. And with the letter of Gods
Law; ghtifuperbierit nolens ohedire facerdotifUsiz%*
imperio, ex decreto Judicis morieturbom*.

THE

ARGUMENT

Made by tht

COMMAND

Of theHoufcof

COMMONS,

( Out of the A&s of Parlia-
ment, and Authority of Law
expounding the famejat a

CONFERENCE

with the

LORDS,

CONCERNING THE

LIBEKTIE

of the perfon of every

FREEMAN.

Written by Sir Rob. Cotton
Knight and Baronet.

LON D O N,

Printed in the year 1651.

aai

THE

ARG U M E NT

Made by the

COMMAND

ofiheUoufttf

COMMONS,

(outoftheAtts of Parliament, and
Authority of Law v expound-
ing the fame>t a Con-
ference with the

LORDS,

Concerning the Liberty of the perfon of every

FREEMAN.

My Lords,

Pon the occafions delivered
by the Gentlemen; your
Lordfhips have heard, the
Commons have taken in-
to their ferious confidera-
tion the matter of the per-
fonal liberty : and after long debate thcr-

of

3 2 1 the Argument of the Honfe of Commons

of on divers daies, afwell by folcmne ar-
guments as fingle proportions of doubts
and anfwers , to the end no fcruples might
remain in any mans bread unfatisfyed ;
They have, Upon a full fearch and clear
underftanding of all things pertinent to
the qaeftidn, urtammoufly declared, That
no freeman ought to be committed, of
detained in prifon, or otherwife reftrain-
ed, by the command of i be King, or the
Privy Councel, or any other,unleffe fome
caufe of the commitment, deteinor, of
reftraint be expreflcd, for which by law he
ought to be committed ^ detained or re~
ft rained ; And they have fene me with; c-
therof their Members to reprefent ujito
your Lordfhips the true grounds of nich
their refolution,and have charged me par-
ticularly (leaving the reafons of law and
Prefldents for others ) to give yoifr Lord-
{hips fa tisfattion , that this Liberty is efta-
blifhed and confirmed by the whole State,
the King, the Lords fpiritual and tempo -
ral,and the Commons-Jay fe vera! Aft § of Par-
liament,che authority whereof is fo great,
that it can receive no arifwer, fave by in-
terpretation or repeale by future Statutes;
And thofe that I (hal mind your LordftYips
of,are fo direct to the point,that they can
bear no other expoiition ac all; and fare
lam, they are ftill in force.

The firft or them is the grand Char-
ter of the liberties o( England ; firft granted
ij*Jobannis Regis and revived ^.tfeH^.and

fince

Ctmcerningtheliberty of every Freeman. 22%

fince confirmed in Parliament above 30.
times* The words are thefe,c<ip. Nut-
Im liber bm% cafiatur vel imfrifonetur^ out
feifetur de libero tenemento favel Libertatibm 5
vel Ubtrn confuetudinibui fuk,aut utlagetur, out
tKutetur9 ant aliquo midt defttuatur.nee fuper etc
ibimutjitc fuferem mitteimfiifx per legale /«-
dkium far turn [hoik pel fer legem ternt. Theft
words Nutiut liber bom$ &c. are expreffe c-
nough. Yet ic is remarkable,that Matthew
Park ( an Author of cfpecial credit) doth
obfervc/W.432.that the charter 9. Henry 3. .
was the very fame as that of the 17* of
King John ( in nullo difpmilis are his words)
and that of King John he fctteth down ver-
batim f$l. 342. And there the words are
dirc&ly, Nec em in career em mitt emus : and
fuch a corruption as is now in the point
might eafily happen betwixt 9. Henrj
and 28. Edward i.when this charter was
firftexemplifyed : but certainly, there is
Efficient left in that which is extant to
decide this queftion : for the words are,
that no Freeman (hall be taken or impri-
foned but by the lawful judgement of his
Peers ( which is by Jury; feers for Peers ;
ordinary Juryes for other, who are their
Peers) or by the law of the land ; Which
la w of the land rnuft of neceffity be under*
flood to be of this notion, to be by due
procefle of the law ; and not the law of
the land generally : otherwife it would
comprehend Bondmen ( whom we call
VillainesJ who are excluded by the word

liber :

*24 3s 4* Argument of the honfe of Commons.

liber : For the general law of the land doth
allow their Lords to imprifon them at
their pleafure withoutcaufe, wherein they
onely differ from the Freemen, in refpeft
of their perfons, who cannot be impri-
foned without a can fe. And that this is
the true underftanding of thefe words, fer
legem text* , will more plainly appear by
divers other Statutes thatfl (hall ufe,which
do expound the fame accordingly* And
though the words of this grand Charter
be fpoken in the third perfon ; yet they
are not to be underftood of fuits betwixt
party and party $ at leaft not of them a-
ione, but even of the Kings fuits againft
his Subjefts, as will appear by the oeeafion
of the getting of that charter 5 which was
by reafon of the differences between tho(e
Kings and their People 5 and therefore
properly to be applyedanto their power
over them3 and not to ordinary questi-
ons betwixt Subject and Subject.

Secondly, the words per legale judicium
farim fuorum immediately preceding the
other of fer legem tent, are meant of trials
at the Kings fuit, and not at the perfec-
tion of a Subjeft. And therefore if a Peer
of the Realme be arrained at the fuite of
the King upon an Indiftment of murder,
he (hall be tryed by his Pern; that is by
No6Ies: but if he be appealed of murder by
a Subjeft, his tryall (hall be by an ordina-
ry Jury of 12. Freeholders, as appeareth
in 10 Edward 4, 6. ^.Henr)S. Bmke title

concerning the Liberty of every Freeman. 235

trials 142. Stamf. picas of the Crown lib.fr
cap. i./d/. 152. And in 10 Edward. 4.. it is
faid, fucbis the meaning of MegnaCbarta*
By the fame reafon therefore, as per judici-
um farium fttorum extends to the King's fuit ;
fofhallthefe words per legem ierr£. And
in 8. Edward 3. rot.Farl.m.j. there is a peti-
tion, that a Writ under the privy Seale
went to the Guardian of the Great SeaI,to
caufc lands to be feized into the King's
handsjby force of which there went aVVfit
Out of the Chancery to the Efcheator, to
feize againft the form of the Grand Char-
ter, that the King or his Minifters mall
oat no man of Freehold without reafon.
able Judgement, and the Party was refto-
red to his land ; which (heweth the Statute
did extend to the King. There was no
invafion upon this perfonal Liberty untill
the time of King Edward 3. which was eft*
foon refented by the Subject: For in 5.
Edward 3. cap. 9. it is ordained in thefe
words: It is ena&ed, that no man from
henceforth fhall be attached by any accufa-
tion, nor fore-judged of life or limb, nor
his lands, tenements, goods nor Chatties
feized into the King's hands againft the
forme of the great Charter and the Jaw of
the Land.

2$. Edmrd 3. cap 4..1S more full ; and
doth expound the words of the grand
Charter 5 and is thus; Whereas it is con.
tained in the great Charter of the Franchi-
[es of England}th&t none (hall be imprifon-
CL ed

226 "the Argument of the Heufe of Commons

ed, nor put out or his Freehold, nor of
his Franchife nor free Cutrome, unlefle it
be by the law of the Land. It is accorded,
aiTentedandeftabliflied, that from hence-
forth none fball be taken by petition or
Suggeftion made to our Lord the King, or
to his CounfeJ, unlefle it be by indictment
or Prefentment of his good andlawfull
People of the fame Neighbourhood where
fuch deeds be done, in due manner, or by
proces made byWritsOriginal at the com-
mon law, nor that none be put out of his
Franchifes nor of his freeholds, unleflfe he
be due brought in anfwer and forejudged
of the fameby the courfe of the law, and
it any thing be done again ft the fame3
it (hall be redreffed and holden for
none.

Out of this Statute 1 obferve,that what
in Magna Ghana and the Preamble of this
Statute, is termed by the law of the Land,
is by the body of this acl: expounded, to be
by procefle made by Writ Original at the
Common law j which is a plain inter-
pretation of the words, law of the Land,
in the Grand Charter. And I not* that this
Law wasmade,upon the Commitment of
di, ers to the Tower,no man yet knoweth
for what.

28. Edward 3. caf. 3. is yet more direct
C this liberty being followed with frefh
luk by the Subjeft ) where the words are
not many, but very full and fignificant;
That no man, of what Edate or conditi-
on

concerning the Liberty o f every Freeman. 2 27

on that he be, (hall be put out of his lands
or tenements, nor taken^nor imprifoned,
nor dilinherited , nor put to death with*
out he be brought in anfwer by due procefg
of the law. Here your Lordftiips fee, the
ufual words, of the law of the land, are
rendered by due proceffe of the law,

36. Edward 3. Rot Parl.n. 9. araongft the
Petitions of the Commons one of them
( being translated into English out of French )
is thus. Firft, that the great Charter, *
and the Charter of the forrelf, and the o-
ther Statutes made in his time, and in the
time of his Progenitors, for the profit of
him and his Communalty, be well and
firmely kept, and put in due execution ,
without putting difturbance, or making
arreft contrary to them, by fpecial com*
mand3 or in other manner.

The anfwer to the Petition , which
makes it an A& of Parliament, is: Our
Lord the King , by the arTem of the Pre-
lates, Dukes, Earies, Barons, and the
Communalty hath ordained and eftablifh-
ed ; that the faid Charters and Statutes
be held and put in execution according to
the faid Petition. It is obfervea61e that
the Statures were to be put in execution
according to the faid Petition $ which is,
that no arreft mould be made contrary
to the Statutes, by fpecial command.This
concludes thequeftion, and is of as great
force as if it were printed. For the Par-
liament-Roll is the true warrant of an a&3
Q_2 and

228 'the Argument of the Houfe of Commons

and many arc omitted out ot the books
that are extant.

35. Edward %.Rou?arl. nu.10. explain cth
it further. For there the Petition is; I-
tenv* it is contained iirthe grandGharter
and other Statutes, That no maa be taken
or imprifoned by fpecial command with-
out Indi&ment or other proccs to be made
by the law upon tkem, afwel of things done
out of the forreft of the King, as for other
thing3$That it would pleale our (aid Lord,
to command thofc to be delivered, that are
fo taken by fpecial command , againft the
form of the Charters & Statutes aforefaid.

The anfwer is , The King is pleated,
that if any m »p find himfelf grieved, that
he come and make his complaint , and
right (hall be done unto him.

37 . Edward 3 .c p 1 8-agreeth in fubftance
when it faith. Though that it be contain-
ed in the great Charter, that no man be
takenji nor imprifoned, nor put out of his
Freehold without proceffc of the law :
Nevertheleffe divers people make falfe
iuggertrons to the Kb.** himfelf ; as well
for malice as otherwife* whereof the King
is often grieved, and divers of the Realm
put in damage, againft the forme of the
the faid Charter,whcrefore it is ordained
that ail they which make fuggeftions, (hall
be fent with the fame fuggeftions before j
the Chancclour, Treafurer and his grand
Councel j and that they there find furety
to purfue their fuggef.ions; and incur the

concerning the Liberty of every Freeman. 229

fame pain that the other mould have had
if he were attainted, in cafe that his fug-
gcflion be found evil ; and that then pre-
cede of the law bt made againrt them,
without being taken and imprifoned a-
gainft the form of the Charter and other
Statutes. Here the law of the land in the
grand Charter is explained to be without
proceffe of the law.

42. Edward 3. at the requeft of the Com-
mons by their Petitions put forth in this
Parliament,to efchue mifchief and damage
done to dm rs of his Commons by falfe
Accufers , which oftentimes have made
their accufation more for revenge and fin*
gular benefit then for the profit of the
King or of his people; which accufed per-
fons, fome have been taken and fomctime
caufed to come before the Kings Councel,
by Writ or otherwife , upon grievous
paines againft the Law ; 1c is affented
and accorded for the good governance of
the Commons, that no man be put to an-
fwer without prefentment before Juftices
or matter of Record, or by due procefTe
and Writ original according to the old
law of the Land : and if any thing
from henceforth be done to the contrary,
it (hall be void in the law and holden for
error.

But this is better in the Parliament- RoJ,
where the petition and anfwer ( which
make the h&) are fet down it large 42.
Edward 3- Rot. Farl. n. 12. The petition,
Q 3 Item,

2 JO The Argument of the Houfe of Commons

Item, becaufc that many of the Commons
are hurt and deployed by falfe accufors*
who make their Accufations more for
their revenge and particular gaine,
then for the profit of the King or his
people : And thofc that arc accafed by
them, fomc have been taken, and others
are made to come berore the King'sCoun-
cell, by Writ or other Command of the
King,upon grievous pain*, contrary to the
law. That it would plcafe our Lord the
King, and his good Councel, for the ]uf!
Government of his people, to ordain, that
if hereafter any accufer purpofe any mat-
ter for the profit of the Krng,that the mat-
ter be fent to the Jufiices of the one Bench
or the other, or the AffizeSg to be enquired
and determined according to the law. and
if itcorcern the Accufer or party, that he
take his fuitc at the common hw, and
that no man be p\it to anfwer,'; without
prefentment before Jufl ices, or matter of
Record, or by due proceffe and Original
Writ, according to the ancient law ot the
Land; and if any thing henceforward be
done to the contrary, that it bevoide in
law, and held for error. Here, by due
proceffe and Original Writ according to
the anticnt law of the Land, is meant the
fame thing as pr legtm terra in Magna Char*
fa.And the abufe was,that they were put to
anfwer by the commandment of the King,
The King's anfwer is thus. Becaufe that
this Article is an Article of the Grand

Char-

concerning the Liberty of every r reeman. 231

Charter : The King will that this be done
as the petition doth demand. . By this
appeareth that per legem Kit* in Magna
Coartnyii meant by due procefTe of the law.

Thus your Lcrdfhips have heard Acts of
Parliament in the point. But the Statute
of JFtjlwinfier the fir It c#jj, 15. is urged to
di /prove this opinion, where it is expref-
Jy £aid t that a man is not replevifabie
who is committed by command of the
King. Therefore the command of the
without any caufe (hewed, is fuffici-
ent to commit a oiin to prkbn. And be-
cule the liren^ch of the Argument may
appear * and the anfwer be better under-
load, I i h all read the words of that Sta-
tute, which are thus : And forafmuch as
Sheriffs and other.*, which have taken and
kept in pr^|ba^^fc>as detected of felonie,
anJofter.riiT.es bave let out by Replevin,
fuch as were not repievifablej becaufe they
would gainc of the oneparty9and grieve
the other. . Ar.d foi jfniU-:h $ s before this
time it was not certainly determined wm?t
pcrfons were ctplevij able, and wb.t not,
but cnely thole that were taken for the
death of a man, or by commandment of
xhe King, or of his Juftices, or for the
Foreft 5 It is provided, and by the King
commanded , that fuch prifoners as be-
fore were outlawed, and thty which havs
abjured the Real me, Provers , and fuch
as be taken with the manner, and rhofe
which have broak the Kings pri'on,
0,4 Thims

233 J he Argument 0] the Houfe of Commons

Thieves openly defamed and known, and
fuch as be appealed by Provers, fo long as
the Provers be living, if they be not of
good name,and fuch as be taken for burn-
ing of houtes felonioufly done, orforfalfe
money, or for counterfeiting the King's
Seal, or perfons excommunicate taken at
the reqiiei: of the Biffiop, or for manifeft
offences3or for treafon touchingfthe King
himfrlfjfhall be in no wife replevifable,by
the common Writ or without Writ. But
fuch as be indi&ed by Larcenie by Inquefts
taken before Sheriffs or BaylifTesby their
Office, or of light fufpition, or for petty
larcenie that amounr eth not above the va-
lue of 1 2.d.if they were not guilty of fome
other larcenie aforetime, or guilty of re-
ceipt of Felons.or of cemmendment or force,
or of aide in lelony done, or guilty of
fome other trefpaffe for which one ought
not to lofe life or member; and a man
appealed by a Provers, after the death of
the Prover if he be no common Thkfjnor
defamed, fhall fiom henceforth be let out
by fufficient Surety, whereof the SherifFe
will beanfvverable, and that without gi-
ving ought of their goods. And if the
Sheriff or any other let any go at large by
Surety that is not rcplevifable, if he be the
Sherirfe, Conftable, or any other BaylifT
of fee which hath keeping of prifons, and
thereof be attainted, he (hall lofe his Fee
and Office for ever* And if the Underftie-
rirf. Conftable, or Bayliffof fuch as hath

fee

concerning the Liberty of every Freeman. 233

fee for keeping of prifons , do i: contrary
to the will of his Lord, or any other Bay-
liffe being not of fee, they (hall have 3.
years imprHonment, and make a fine ae
the King's pleafure. And if any withhold
prifonerrreplevifable after they have offer-
ed fufficient furety5he (hall pay a grievous
amerciament to the King 5 and if he take
any Reward for the deliverance offuch, he
(hall pay double to the prifoner, and al-
fo (hall be in the great mercy of the King.
The anfwer is, it muft be acknowledged,
that a man taken by the command of the
King is not replevifable , for fo are the
expreffe words of this Statute, but this
maketh nothing againft the declaration
of the Commons: for they fay nor, that
the Sheriffe may replevin fuch a man by
Surety ^Scilicet Mamccpwes : but that he is
baileable by the Kings Courts of Juftice :
for the better apprehending whereof, it is
to be known, that there is a difference be-
twixt Replevifable, which is alwaies by
the Sheriffe upon pledges or Sureties gi-
ven, and Baileable by a Court of Record,
where the Prifoner is delivered to his
baile, and they are his Jailors, and may
imprifon him, and fhall (urler for him
body for body, as appeareth 33. & 36.
Edward 3. in the title of Mainprifc flit. 12.
13. where the difference betwixt baile and
Munprife is exprefly taken. And if the
words of the Statute it felf be obferved, it
will appear plainly that it extends to the

Sheriff

234 The Argument of the Houf e of Commons

Shcriffe and other inferior Officers, and
doth not bind the hands of che Judges,
The preamble, which is the key that
openeth the entrance into the mean-
ing of the Makers of the law J is : For-
afrauch as Sheriffes, and others , which
have taken and kept in prifon perfons de-
tected of felony. Out of thefe words I
obferve , that it nominateth Sheriffs ; and
then if the Juftices (hould he included,
they muft be comprehended under the ge-
neral word 3 Others ; which doth not nfc
to extend to thofc of an higher rank, bi;
to inferiors, forthebeft, by all courfe is
6rft to be named; and therefore if a man
bring a writ of Cuftomes and fer vices, and
name Rents and other things, the general
words (hail not include hpfiiagft, which
is a personal fervice and of an higher na-
cure 5 but ic ihall extend to ordinary an-
nual! fervices, $ i. Edward i.dfoit 6j. Sj
the Statute of 1 3. Elizabeth cap, 10. which
beginneth with Col ledges, Peanes and
Chapters, Parfons and Vicars, and con-
cludeswieh thefe words^ and others ( and 0-
thers having fpiritual promotions J ihall not
comprehend Bi(hops,that are of an higher
degree, as appeareth in the Arch-biahop
of Canterbury his cafe reported by Sir Ed-
ward Coohf lib* 2. f -A. 4.66.. And thus much
is explained in this very Statute, to the
end when it doth enumerate thofe were
meant by the word other^ namely Undcr-
fhcrifFcs, Conftables, BaylirT:s. Again,

concerning the Liberty $j every Freeman. 235

the words are Sheriffs and others, which
have taken and kept in prifon. Now c-
vcry man knoweth,that Judges do neither
arreft nor keep men in prifon \ that is the
office of Sheriffs, and other inferior mi-
nifters ; Therefore this Statute meant
fuch only, and not- Judges. The words
are further, that they let out by replevin
fuch as were not rep leviable. This is the
proper language for a Sheriff. Nay more
expreff; afterwards,in the body of thtSta-
tute j That fuch as are there mentioned,
(hall be in no wifereplevifableby the com-
mon Writ ( which is de kmim refkgiando^
and is directed to the Sheriff )nor without
Writ(which is by theSheriff,E#0$c*o)BujC
that which receives no anfwer3is this:Thafi
the command of the Ju ft icesf who derive
their authority from the Crown ) is there
equalled as to this purpofe with t he com -
mand of the King; and therefore by all
renfonable conftrucYion, it muft needs re-
late to Officers that are fubordhute to
both , as Sheriffes, Underlheriffes , Bay-
liffes, ConftableSj and the like: and it
were an harffi expofition to fay5 that the
Juftices might not difcharge their owne
command ; and yet that reafon would
conclude as much* And that this w^s
meant of the Sheriffes and other Minifter?
of Juftice, appeareth by the Recitall of
27. Edward 3. cnf. 3. and I ike wife i>y Fieta,
a Manufcript fo called, becaufe the Author
lay in the Fleet when he made the bock.

Fcr

236 The Argument of the Houfe of Commons

For he Lib* 2. cap. 52. in his Chapter of
Turnes, and the Viewes of the hundred
Courts in the Countrey, and fetteth down
the Articles of the charges that are there
to be inquired of, amongft which, one
of them is, Ve replegidibus injujle detentit:&
Urreplegialibus dimifjis which cannot be
meant of not bailing by the Juftices. For
what have the inferior Courts of the Goun-
trey to do with the afts of the Juftices >
And to make it more plain, he fetteth
down in his Chapter (that concernei She-
riffesonly) the very Statute of Weft, i.cap.
1 5 . which he tranflates verbatim out of the
Fitncb into Latine, fave that he renders,
Taken by the command of the Juftices
thus, Per judicium Juflitiariorum , and his
preface to the Statute plainely fheweth
that he underftood it of Replevin by She-
riffs : for he faith, Q*i debent per plegits
dimitti , quinondeclarat bee Statutuw ; and
per plegios is before the Sheriff- But for
direft authority, it is the opinion of Nerv-
Un Chiefe Juftice 22. Henry 6.46. where
his words are thefe : It cannot be intend-
ed but the Sheriff did fuffer him to go at
large by mainprife : for where one is ta-
Icenbythe Writ of the King, at the com-
mandment of the King, he is replevifable;
but in fuch cafes his friends may come to
the juftices for him if he be arrefied, and
purchafe a Superfedeas. This Judge con-
cludes, that the SherifTe cannot deliver
him that is taken by the command of the

concerning the Libert) of every Freeman. 237

King, for that he is irrcpievifable, which
are the very words of the Statute: but faith
he, his friends may come to the Juftices5
and pu rchafe a Super fedeaf. So he declares
the very cjueftion, that the Sheriff had no
power , but that the Juftices had power to
deliver him who is committed by the
Kings command,and both the ancient and
modern prafti(e manifefts afmuch. For
he that is taken for the death of a man, or
for the forreft, is not repleviable by the
Sheriffe ; Yet they are ordinarily bayled
by the Tuftices, and were by the Kings
Writs direfted to the Sheriffs in the times
of Edward 1 . & Edward 2. as it appears in
the clofe Rolls, which could not be done
if they were notbaileable ; and it is every
daies experience that the Jufticcs of the
Kings Bench do baile for murder, and for
offencesdoneinthe Forreft; which they
could not do5 if the word Irreplevisable in
H'eftminfter 1. were meant of the Juftices as
well as the Sheriffs.

For the Authorities that have been of- /)»• «
fered to prove the contrary, they are in u Je"'
number three. Thefirftis 2.1 • Edward 1,
rot. 2. in Serin* which alfo is in the book
of Pleas in the Parliament at the Tower/o/.
44. It is not an aft oiParliament^ but a
Kefolution in Parliament upon an aftion
there brought, which was ufuall in thofe
times. And the cafe is, that Stephen Ra-
babihe Sheriff of the County of Leicefter,
and V/arwk\ was queflioned for that he

had

338 The Argument of the Honfe of Commons

had let ac large, by Sureties, amongfo
others, one William the Sonne of Walter le
Ferfens, againft the will and command of
the King , whereas the King had com-
manded him by letters under his Privy
Seal, that he thould do no favour to any
man that was committed by the command
of the Earle of Warwick^ as that man was*
Whercunto the Sheriff antwered, that he
did it at the requcii: of fome of the King's
rfoufhold upon their Letters. Andbecaufe
the Sheriff did acknowledge the receipt of
the King's Lctters,thereupon he was com-
mitted to prifon according to the form of
the Statute.

To this I anfwer, that the SherifTe was
juftly punifhed , for that he is txprefly
bound by the Statute of Wefl. i . which
was agreed from the beginning. But this
is no proofe that the Judges had not po-
wer to baile this man
Objcd. 2. The next Authority is %$.Henry 6.m the
Court of Common Pleas Jol.2%. b. 29. where
Robert Poynings Efq; was brought to the bar
upon a Capos, and it was returned, that
he was committed pr duos de Concilia
(which is firongeft againft what I main-
tain ) pro divsrfts caujts Regcm tangcntibus,
And he made an Atturncy there in an a-
£tion : Whence is inferred, that the Re-
turn was goodj and the party could noc
be delivered.
Reff. To this the anfwer is plain. Fir ft, no
Opinion is delivered, in that book, one

way

concerning the Liberty of every freeman. 239

way or other upon the Return, neither is
there any tcftimony whether he were deli-
vered or bailed, or not.

Secondly, it appears exprefly that he
was brought thither to be charged in an
aftion of debt at another mans fuite, and
no defire ot his own to be delivered or bai-
led ; and then, if he were remanded, it
is no way materiall to the queftion in
hand.

But that which is moft relyed upon, is Objett. 3.
the Opinion of Stamford'm his book of the
Pleas of the Crown Lib' 2.caf. 18. fol.72.
73. in his Chapter of Mainprife, where he
reciteth the Chapter ofJFeft. 1. cap. 15 .and
then faith thus ; By this Statute it ap-
pears, that in 4. Caufes at the common
law a man was not replevifable j to wit;
thofe that were taken for the death of a
mart, by the command of the King, or of
his Juirices, or tor the forreft. Thus tar
he is moft right. Then he goeth on and
faith : As to the command of the King ;
that is underftood of the command by his
own mouth 5 or his Councel, which is
incorporated unto him and fpeake with
his mouth 5 or otherwife every Writ of
Capos to take a man ( which is the King's
command ) would be as much. And as
to the command of the Jufticcs, their ab-
folute commandment ; for if it be their
ordinary Commandment, he is replevif-
ible by the Sheriff, if it be not in fome of
the cafe3 prohibited by the Statute,

The

240 ?he Argument of the Houf ? of Commons

The anfwer that I give unto this is,that
Stamford hath faid nothing whether a maa
may be committed without caufe by the
Kings command, or whether the "Fudges
might notbaile him in fuch cafe 5 but on-
ly that fuch an one is not replevifable ;
which is agreed, for that belongs to the
Sheriff; and becaufe no man fhould think
he meant any fuch thing, he concludes his
whole fentence touching the command of
the King and the Juftices, that one com-
mitted by the Juftice's ordinary command
is replevifable by the Sheriff : So either
he meant all by the Sheriff 5 or at leaft ic
appears not that he meant, that a man
committed by the King or the Privy Coun-
ccl, without caufe, is not baileable by the
Tuftices : and then he hath given no opi-
nion in this cafe. What he would have
faid if he had been asked the queflion, can-
not be known : Neither doth it appear
by any thing he hath faid, that he meant
any fuch thing as would be inforced out
of him.

And now, my Lords* I have performed
the command or the houie of Commons,
and (as 1 conceive) (hall leave their decla-
ration of perfonal liberty an anticnt and
undoubted truth, fortifyed with feven atts
of Parliament, and not oppofed by any
Statute or authority of law whatsoever.

The

concerning the Liberty of every Freeman .241

The Objections of the Kings Councell^
mththeAnfwers made thereunto
at the tvto other conferences touch*
ingthe fame matter.

IT was agreed by Matter Atturney Gene-
ral 5 that the (even Statutes urged by
the Commons were in force , and that
Magna Cbarta did extend mod properly to
the King, But he faid, that fome of them
are in general words, and therefore con-
clude nothing, but arc to be expounded
by the Prefidents, and others, that be more
particular, are applyed to the fuggeftions
of Subjec"b,and not to the Kings commind
firaply of it felf.

Hereunto is anfwered, that the Sta-
tutes were as direct as could be, which ap-
peareth by the reading of them , and that
though fome of them fpeak of fttggefthns of
the SubjeUs^ytt others do not; & they that
do are as effeftual,for that they are in qual
reafon ; a commitment by the command
of the King being of as great force when
it moveth by a fuggeftion from a Subjcft,
as when the King taketh notice of the
caufe himfelf 5 the rather, for that Kings
fcldome intermeddle with matters of this
nature, but by information from fome of
their People.

2. Maftcr Atturney objected, that fer
legem terr* in Magna Chart* ( which is the
foundation of this queftion ) cannot be
R under-

242 the Argument of the Houfe of Commons

underload tor procefle ot the law and O-
riginal Writs; for that in all Criminal
proceedings no Original Writ isufedat
all 5 bnt every Conftable may arrcfr,«ither
for felony, or for breach of the Peace,
without procefle or Original Writ : And
it were hard the King mould not have the
power of a Conftabie : and the Statutes
cited by the Commons make procefle of
the law, and Writ Origitnll Co be all one.

The anfwer of thcCommons to this Obje-
&m was,that they do not intend Original
Writs onely by the Law of thcland>but all
other legal proceffe which comprehend
the whol proceedings of law upon the caufe;
other then the tryall by Jury , per judicium
parium^utuo which it is oppojed. Thus much
is impoftd ex vi termini, out of the word
procefs aixJb/ the true acceptation there-
of in the Statute have been urged by the
Commons to maintain their declaration 5
and moll efpecially in the Statutes of 25*
Edward 3. cap. 4. where it appeareth3that a
man ought to be brought in to anfwer by
the courfe o£ the lav/, having made for-
mer mention of procefle made by Original
Writ. And in 28. Edward 3. cap. 3. by the
courfe of the law,is rendred by due procefle
otchelaw. And 36. Edward 3. Rot. Pari*
tiU. 20. the Petition of the Commons
frith, that no man ought to be imprisoned
rknjdsSy. by fpecial command without Indifrment,

CoD. IqIV or other due proceile to be made by the
a R.2. 10. 2r. r ,r *

K 1.I9.19.H. -Law- 37« Edward 3. cap. 18. calleth die

* iMp.4, fame

concerning the Liberty of every Freeman. 243

fame thing proceffe of the Law. And 4 2.
Edward 3. c*p. 3. ftileth it by due proceflc
and Writ original; where the Conjun-
ctive mud be taken for a Disjun&rve 5
which change is ordinary in expofidon of
Statutes and Deeds to avoid Inconvenien-
ces, and to make it ftand with the reft and
with Reafon. and it may be Collefte^
that by the law of the land in Magna Cbar-
ta$ by the courfe of the law in 35. Edward
3. by due procefle of the law in 28. Ed.\$.
other due procefle to be made by the Law
36. Edward 3. proceffe of the Law 37. Ed*
ward 3. and by due procefle and Writ Ori-
ginal 42* Edward 3. are meant one and the
fame thing ; the latter of thefe Statutes
referring alwaies to the former 5 and that
all of them import any due and regular
proceeding of law upon a caufea other
then a trial by Jury. And thii appeareth
Cook? 10. 74. in the cafe of the MafQialfee;
and Cook, 1 1.9 9. Sir James Baggs cafe,where
it is underftood of giving jurifd'cYion by
Charter or prefcription 3 which is the
ground of a proceeding by courfe of Law 5
and in Seldens Notes on Fortefcue /&/. 29,
where it is expounded for Wager of law,
which is like wife a TRY ALL at Law
by the Oath of the party, differing from
that of Jury : and it doth truly compre-
hend thefe and all other regular proceed-
ings in law upon caufe, which gives au-
thority to the Conftable to arreftupon
caufe, and if this (hould not be the true
R 2 (xpo-

244 Argument of the Houfe of Commons

cxpOlitio n of thefe words ( per legem terr*)
the King's Councel were defired to declare
their meaning 5 which they never offered
to do > And yet certainly, thefe words
were not put into the Statute, without
fome in ten tion of confequence.

And thereupon M, Serjeant A(bley offered
ah rnterfretation of them thus ^namely, that
there were divers lawes of this Realrne 5
As the Common Law ; the Law of the
Chancery the Eccleiiafticall Law ; the
Law of Admiralty or Marine Law ; the
Law of Merchants; the Martiall law; and
the law of State: And that thefe words,
Cfer legem terrt^do extend to all thofc
Lawes.

To this it was anfwered, That we read
of no law of State, and that none of thofe
Lawes can be meant there, fave the Com*
mon,which is theprincipall and generall
Law, and is alwaies underftood by way of
Excellency 3 when mention is made of the Law
of the land generally; & that though each
of the other laws which are admitted into
this Kingdome by Cuftome or Aft of Par-
liament, may Juftly be called a law of the
Land; yet none of them can have that
preheminency to be (tiled the law of the
Land, and no Statute, Law-book, oro-
ther Authority , printed or unprinted ,
could be (hewed to prove that the law of
the Land, being generally mentioned, was
ever intended of any other law then the
Common law (and yet, even by thefe o-

concerning the Liberty of every Freeman. 245

thcrLawcs a man may not be committed
without a caufe exprefled) but it ftandeth
with the Rule of other legal expofitions,
that fer legem terr* muft be meant the Com-
mon Law, which is the generall and uni-
verfal Law by which men hold their Inhe-
ritances) and therefore if a man (peak of
Efcuage generally, it is underftood ( as
Littleton obferveth p/r. 99. ) oftheincer-
tain Efcuage, which is a Knight's fervice
tenure for the defence of the Realm by the
body of the Tenant ia time of Warr 5
and not of the certain Efcuage which gi-
veth only a contribution in money, and
no perfonal fervice. And if a Statute
fpeake of the King's Courts of Record, it
is meant onely of the four ztWcQminttet
byway of Excellency ; Cook 20. Gregoi
ties cafe. So the Camniflt , by the Excom-
munication if limply fpoken, do intend
the greater Excommunication; and the
Emperor in his Inftitutions, faith,that the
Civil law being fpoken generally3is meant
of the Civil Law of Rome, though the law
of every City is a Civil law, as when a
man names a Poet, the Grecians underfland
Homer , the Latinifls Virgil.
. Secondly, admit that fer legem te rr£ ex-
tends to all the Lawes of the Land ; yet a
man muft not be committed by any of
them, but by the due proceedings that are
exercifed by thofc lawes, and upon caufe
declared.

Again it was urged, that the King is
R 3 not

TheArgnmntoftheHoAferfCommns

not bound to exprefle a caufe of iinprifon-
mentj becaufe there may be in it matter
of State not lit to be revealed for a time^
leaft the confederates thereupon make
meanes to efcape the bands of juflke : and
therefore the Statutes rfannot be intended
to reftrain all Commitments, unlefle a
caufe be exprefied ; for that it would be
very inconvenient and dangerous to the
State to publifh the caufe at the very

fira.

Hereunto it was replyed by the Com-
mons, That all danger and inconvenience
may be avoided by declaring a gcnerall
caule s as, fbrTreafon* for fufpition of
Treafon, Mifprilion of Treafon, or Fe-
lony, without fpecifying the particular 5
which can give no greater light to a con-
federate then will be conje&ured by the
very apprehenfiou or upon the imprifon-
ment, if nothing at all were cxpref-
fed.

It was further alleaged, that there was
a kind of contradiction in the Polition of
the Commons , when they fay, that the
party committed without a caufe #iewed5
ought to be delivered or bailed ibai ling be-
ing a kind of imprifonmen ^delivery a to-
tal frcedome.

To this it was anfwered, that St hath
alwaies been the difcretion of the Iudges
to give fo much refpeA to a commitment
by the Command of the King or the pri-
vie Counccl,f which are ever intended to

be

concerning the Liberty of every Freeman • 247

be done on jufl & wigty caufes) that they
will-not prefendy fethim fire, but baile
him to anfwer what (hall beobjc&ed a-
gainft him on his Majefties bchalfc : But
it any other inferiour Officer commit a
man without caufe (hewed , they doe
inftantly deliver him as having no caufe
to expect their pleafure ; fo the delivery
is applyed to an irnprifonment by the
command of fome mean Minifter of juliice$
bailing when it is done by the command
of the King or his Councel.

It was urged by Maftcr Atturney, That
bailing is a grace and favour of a Court of
juftice, and that they may refufe to do it.
This was agreed to be true in divers cafes,
as where the caufe 3ppeareth to be for fe-
lony, or other crime cxprefled.; for that
there is another way to difcharge them in
convenient time, by thur trial j (And yet
in thofe cafes the conhant pra&ifehath
been, anciently and modernly to bayle
men) but where no caufe of the imprison-
ment is returned , but the command of the
King, there is no way to deliver <uch per-
fonst by trial or otherwife, but that of
Habeas Corpus, and if they mould be then
remanded, they may be perpetually jm-
prifoned, without any remedy at all, and
confequently, a man that had committed
no Offence might be in worle cafe then a
great Offender ; for, the latter mould
have an ordinary trial to difcharge him,
the other mould never be delivered.

R 4 k

248 Jhe Argument oj the Moufe of Commons

It was further faid, that though the
Statute of Weft* 1. cap. 1 5-asa Statute, by
way of provifion did extend only to the
Steriff 5 yet the Recital in that Statute,
touching the 4. caufes wherein a man was
not replevifable at Common law (namely
thofe that were committed for the death
of a man; by the command of the King,
or the Jufiices or for the Forreft Jdid de-
clare that the Juftices could not baile fuch
an one, and that Replevifable and baile-
able were Sjnonyma, and all one. And that
Stamford (a Judge of great authority Jdoth
expound it accordingly, and that neither
the Statute nor He fay replevifable by the
Sheriff, but generally Without reftraint,
and that if the Chiefe Juftice committed
a man, he is not to be enlarged by a-
nother Courtj as appearcth in the Regi-
fter.

1. To this it was anfwered. Firft5that
the Recitali and Body of the Statute re-
late only to the Sheriff, as appeareth by the
very words.

2. That Replevifable is not reftrained
to the Sheriff, for that the word imports
no more, that a man committed by the
Juftice is baileable by the Court of the
King's Bench. f

3. That Stamford meaneth all of the
Sheriff, or at the leaft he hath not fuffici-
ently txprefled that he intended the JuftU
ces.

4. It w as denyed that Replevifable and

Baileable

concerning the Liberty of every Freeman. 249

Baileabie are the fame; For, they differ
in refpeft of the place where they are ufed*
Bail being in the King's Courts of Record^ 1
Replevifa61e before the Sheriff. And they
are of feveral Natures, Replevifable being
a letting at large upon Sureties ; Bailing,
when one Traditur in b allium ,and the baile
are his Jailors , and may imprifon him ,
and (hall fuffer body for body ; which is
not true of replevying by Sureties. And
Bail differeth from Mainprize in this, that
Mainprise is an undertaking inafumme
certain ; Bailing to anfwer the condem-
nation in civil caufes, and in criminal!
body for body.

And the Reafons and Authorities ufed
in the firft conference were then renewed,
and no exception taken to any, fave that
in 22. Henry 6. it doth not appear that
the Command of the King was by his
mouth ( which muft be intended ) or by
his Councel ( which is all one, as is ob-
ferved by Stamford ) for the words are, that
a man is not replevifable by the Sheriff,
who is committed by the Writ or com-
mandment of the King.

a 1. Edward 1. Rot. 2. dot fo was cited by
the Kings Counfel. But it was anfwer-
ed^that it concerned the Sheriff of Leicefter-
ftiire only* and not the power of the jud-
ges.

33. Henry 6. the King's Atturney con-
fefled was nothing to thepurpofe; and
yet that book hath been ufually cited by

thofe

2 50 The Argument of the Houfe of Commons

No. thole thac maintain the contrary to the

declaration of the Commons ; and there-
fore fuch fudden opinion as hath been gi-
ven thereupon, is not to be regarded, the
foundation tailing.

And where it was faid, that the French
of 36. Edward. Ret. Pari. n. 9. (which can
receive no anfwerjdid not warrant what
was inforced thence; but that thcfe words
( Sans difturbance metter3 ou grreft faire> &
rencontre per fyecial mandement ou en autre m*-
nere Jmuft be underftood, that the Statute
fhould be put in execution without di-
fturbance or Itay ; and not that they fhould
be put in execution without putting di-
fturbance or making arreft to the contrary
by fpecial command, or in other manner.
The Commons did utterly deny the inter-
pretation gi/en by the King's Councel ;
and to juftifie their own, didappealeto
all men that underftood Frencb, and upon
the feven Siaiutes did conclude, that their
Declaration remained an undoubted truth,
not controuled by any thing faid to the
contrary.

the

concerning the Liberty of every freeman. 251

The true Copies of the Re-
cord* not printed which
were ufed on either
fide in that part of
the debate.

Inter Record. Domini Regk Caroli in
Thefaurar. recept. Sccih fui fab
Cnjiodia Domini Thefaurar. &
Camer. ibidem remanen. vi-
delicet flat, coram ipfo Domi-
no Rege & Concilio fuo ad Tar*
liamentum fuum poji Pafc. apul
London in Mmerio Archiepifcopi
Ebor. Anno Regni Domini Re-
gw Edwardi 2 1 . int. al.Jic. con-
tineturvt fequitur.

Rot. Secundo inVorfex

STephanus Rabat. Vic, Uic.&Warr. cp- >c L;ceft-1{.
ram ipfo Domino Reg? & ejus Cone]- VlC' 'ce ,f'
lio arrenatus & ad rationem pofitus de hoc
quod cam Joban. Boutetmte, Edw. UclHa-
dtej & W. Havelin nuper in bal. ipfius Vic.
per Dominutn Regem fuiflent ailignat. ad
Qaoks Domini Regis deliberand.idem Vic
qiiendam Wilhel. de Paling per quendam
Appcllatorem ante adventum eorum juftic.
ibidem appellatorem & Captum vivente
ipfoAppellatore ufque diem deliberationis
coram eis fa&.di mine per plevinam contra
formam Statuti 8cc. Ec etiam quendam

Radum

Radum de Cokehal3qui de morce hominis
j udicatus fuit, 8c per tundum Vic.Captus,
idem Vic. per plevinam dimifit contra
formani Statu ti3 & etiam eundum Ra-
dum fine ferris coram eifdem Juftic.ad de-
liberationem praed. produxit contra con-
fuetudinem Regni. Et fci. quendam
Wilh. filium Walteri la perfone 5 qui per
prseceptum Com. Warr. Captus fuit, per
plevinam contra praeceptum Domini Re-
gis j cum idem Dorninus Rex per literas
fuas fub privat.figillo fuo eidem Vic. prac*
cepit quod nulli perpraecept. praed. Com.
Warr. capt. aliquam gratiam faceret Sec.
Etfuper hoc praefat* Johannes Botetoutte, qui
praefenseft, et qui fuit primus Juftic. pra-
di&orum pramiffa recordatur. Et praedi-
&us Vic. dicit quoad prsedi&um Wilh.
de Petling, quod ip(e nunquam a tempo-
re Captionis ipfius Wilh. per praed. Ap-
pellat. dimiflus fuit per plevinam aliquam
ante adventum praedi&orum Juflic. Irao
dicit quod per dimidium Annum ante
adventum eorundem Juftic. captus fuit
& Temper detent, in prifona abfqueplevi-
na aliqua quoufque coram eis damnat.
fuit. Et quoad praedittum Radum bene
cognofcitquodipfe dimifit cum per ple-
vinam3& hoc bene facere pottiit ratione &
authoritat* Officii fui3co quodcaptJuit pro
quadam fimplic. tranfgr.& non pro aliqua
felon, pro qua replegiari non potuit. Et

?[uoad tertium, videlicet Wilh. filium pcr-
one 3 bene cognofcit quod ipfe Captus

fuie

concerning the Liberty *f every Freeman. 255

fait per praecept.praed. Com. Warr .8c quod
dimific eum per plevinam; Sed dicit quod
hoc fecit ad rogatum quorundam de ho-
fpitio & cur. Domini Regis 8cc. qui eum
iude fpecialiter rogaverune per literas fuas.
Et fuper hoc idem Vic. quaefit. per Domi-
num Regm quis eum rogavit & literas fuas
ei dircxitjSc ubi liters illsc funt,dick quod
Walt.de Langton eum per literas fuas indc
rogavit; Sed dicit quod liters illae funt in
partibusfuis Leic Et fuper hoc idem Vic.
profert quoddam brev. Domini Regis de
privat. Sigillo eidem Vic. direft. quod
teftatur quod Dominus Rex ipfi Vic. prae-
cepitquod omnes illos trangreflbres con-
tra pacem 8c de quibus. Com.Warr.ei fcire
faceret, caperet 8c falvo cuftodiret abique
aliqua gratia ei faciend. Et quia praed.
Jultic.exprefle recordatur quod iplc 81 fo-
cii fui per bonam 8c legalem inquif. de Mi-
litibus.et al.liberis. hominib. eis fa&.inve-
nerunt quod praedi&us Gulielmus de Pet-
linge dimiflus fuit per plevinam per mag-
num tempus ante adventum eorund.Juftic*
ufque adventum eorund. 8c per Vic. praed,
8c etiam quia prad* Vic. cognolcit quod
praedi&us Rad- dimiffus fuit per plevinam
peripfum, un. 8thoc dicit quod bene fa-
cere potuit co quod captus fuit pro levi
tranfgr. Et per Record, ejufdem Juftic,
comp.eft quod captusTuit pro morte ho-
minis, quod eft contrarium dec. pradi&i
vic.et fcil.quia idem vic.cognovitquod re-
cepit literam Domini Regis per quam Rex

1 54 The Argument of the Houfe of Commons

eiprsecepitqiiod nullam gr atiam faceretil-
lis quicaptifuerunt per praeceptum pr#-
difti'Com. Et idem Vic. contra praece-
ptunt illud dimiht praedi&um VViih. fi-
lium Waheriperplevinariijquicaptus fuie
per praeceptiim pr#difti Com. protic idem
Vicfaietut.Et frc tarn rarione iftius cranfgr.
quam aliarum praedi&arum incurric in
paenam Statnti, eonf. eflquod praedi&us
Vic. Committatur prifonae juxta formam
St3tuti Sec.

Ex Rot Parliamenti de Anno Regni
Regis Edwardi tertii Triceiimo
quinto n-£.

P Rimer ement que le grande Charter, & la
Charter de la F err e fie, & les autre Eflatutes
faits enfon temf^ & defes progenitors pur frofit
de luy&de U come,foient bien & ferment gardes,
& mis en due execution fans disturbance metxre
ouarrefl faire^&Tencmtre fer ffecitf mandement
eu en aut re manere. Rejfons.

Nofire SrJe Roy fer affent de Prelates, Vomi*
nes^Comites, Bar ones & la Come ad ordeine & e-
ftahli qu: les dits Charters &Eftatutes foient te-
nus & mis en execution felon la dit Tetiti-
on*

Nu.2.

hem come ilfoit contenuus en U grande Charter
& autres Eflatutei que nut homme frit pris nemy
pi finer fer effect altnavdcment fans Enditement

am

concerning the Liberty of every Freeman. 255

aut eutre due f rotes affaire per la ley, & [orient
fritz ad eflre & uncore eft, que flufurs gentz
font empelcbez, frit & imfrifone fans Endite-
mem ou autre froces fait fer la ley fur eux9fi hien
de cbofe fait bors de la Forre^ le Roy come fer
autre caufe que flefe a nofire dit Sr. comander &
deliver ceux que font iffmt frit fer tiel effeciall
mandement contre la forme des Charters & Ejta-
tktes av audit z, Refftns.

11 fletf au Royy & ft ml fe fente greve vingne
& face la fleinte, & droi t luy fer a fait.

33-

Pari. Anno. 4*. Edward 3. n.i2»

Item fur ceo que flufours de mflre C$me fon ta-
mer ce& diflur be sf erf onlx accusers queux font
lour accufemen ts flat fur lour vengeances &ftn-
gulers frofits que fur le frofit de Roy ou de fon
feufle,& let accujes fer eux afcuns ont efl frit &
afcuns fonte faire vert deut le Cenceil le Roy
fa brief ou ontre mandement de Roy jubgrande
faine encounter la ley,Fleje a noflre Sr. le Roy &
fonCounceil fur droit gouvernement de fonfeufle
or deign que ft defireafcunaccufors furfofeafcun
matire fur frofit duRoy que cele matirejoit man'
der a fes Juftices de?un Bank? ou defautre, ou
d'AJfifes demenquere & terminere felonque U
ley, &file toucbe lai onfour ou fartie eil fa fent a
h come ley , &que null borne jut mis a reff eu-
chre fans frefentment den Juftices, ou cbofe de
Record^ ou per due froces & brief e original ,
jelon r ancient ley de la terre, &fi rien dtftre
enovant foil fait a rencontre, foit wide en ley.&
tenu fur Err our. Re [font* Fur

' 1 1 ' ' ■ ■ ■ »■ ite

356 The Argument of the Uoufeoj Commons

Vur ceo que cefle Article eft Article de la gtan-
de Charter le Roy voet que ceo [oit fait come la
Fetition demands.

Ex Rot. Clauf. Anno Regis Edxvardi frimi
prim* m. 1.

Deponent Thomas de Clirowe de Blechwcth ca-
per Bainum. ptus & detentus in prifona North, pro
tranfgr. Forreft. habet litcras Rogcrode
CliffordJuftic.Forreft.cltraTrentam quod
ponatur per ballium, dat. apud S. Mar-
tium Magnum. London 20. die Oftobris.

M. 7.

Stephanusde Lindely captus 8c dcte nt.in
prifona Regis pro tran£ per ipfum faft. in
ha. Regis de Lyndeby habec litcras.
Regis Galfrido de Ncvill Jaftic. ultra
Trencquod ponatur per Ballium.

Af.

Thomas Spademan captus & detent, in
prifona Oxon. pro morte Wilh« Win.
unde rcftat* eft et habet litcras Regis Vic,
Oxon. quod ponatur per ball ium . ibidem.

Gulielmus de Dene 5 Macthseus Craft,
Roger, de Bedell, Gulielmus Halfrench,
Robertus Wyant, Alex. Horeux, Henric.
de Shorne, Nicholaus de Snodi!ond,Tur-
gftius de Hertfield, Robertus de Pole, &
Richardus Galiot capti & detent, in pri-
fona

concerning the Liberty of every Freeman, o 57

fona de Cantuar. pro mortc Gaifridi de
Catiller undc apptllat.funt habent Iktras
Regis Vic. Kane, quodponantur per bal-
Hum. Dat.8cc.23. die Martii.

CUuf.Anno fecund') Ehmrdiprimi M. 1 2.

Rex Rogerode Cliffi Juftic. Forreft ci-
tra Trent.Mandamus vobis qaod fi Rober-
tus Unwync captus & detent, in priiona
noftra de Aylcsburie pro tranfgr.Forreftae
noftrae, invenerit vobis duodecim probos 8c
legales homines de balliva veltra qui manu-
capiant eum habere coram Juftic. roflrif ad
plac.Forreft.cum in parte 8cc ad ftand.inde
reft. tunc apud Robertum fi fecund. afliam.
Forrefte fuerit repleg. praediftis 1 2. inter-
im tradit. in ballium ficut prcdi&um eft.
Et habeati* noraina illorum 1 2. hominum
& hoc bre.Dat.27.die Fcbruarii.

GlaufeAnno jecundo Edwardi primi.
M. 14.

Vmvymts de Boy cot 9 Gaf. de Wy\enn & Deponend.
Hugh do Stowe detent, in prifom. Regis de Pcr balliun2%
Aylcsburie pro tranfgreffione Vrnadoriis
habeur.bre.dire&.Regis de Clifford Juftic.
Forreft quod fecundum afliam Forreft fu-
crint repleg. ponantur per ballium ufque
adventum Juftic. Regis adplac. Forrefli
cum in partes illas venerit. Dacaptid Co*
dington 28.die Decembris.

M.i 5.

2 58 "the Argument of the Houft of Commons

M.i 5.

Gilbert us Conrey de Kedington, 8tH#g&
le Tailon de Kedington capti& detent. in
prifona de fecundo Edwardo pro morte
Ed ward i Butring^unde rcftaci funt,habue-
runt literas Regis Vic. Sufi, quod ponan-
tur per ballium-

Claufo Anno 3. Edwardifrimi.
Af. 11.

Gdfr. de Hayerton captus & detent, in
prifona Regis Ebor, pro morte Ade le
Clerc, unde r eclat us efohabet literas Regis Vie*
Ebor. quodpnatut fer baffium. Vat.afud fF.i%,
die Junii.

M.20.

Robertus Belharbe capt. & detent, in
prifona Regis de Newgate pro morte
Thomae Pollard, unde re&at. eft, habet
literas Regis Vic. Midd. quod ponatur
per billium. Dat. 28. die Fcbruarii.

Claufo Anno quarto Edvtardi pimi.
M. 5 .

Mand. eft Rad. de Sandwko quod fi Guli-
clmus de Fait are 8c Johannes filius ejus, WaU
terus Home , Walt. Jorven 5 Henrkus Potbe
et Gulielmus Cadegan capd 8c detent, in
prifona Regis de fecundo Brianello pro
trans. Forreft unde re&ati funt,invenerunc
fibi duodecim probos 8c legales homi-
nes de balliva fua, viz. quilibet eorum
duodecim q.ii eos manucap. habere
coram Juftic. Regis ad plac. Forreft. cum

in

eoncerningthe Liberty of every Freeman* 259

in partes ill. venerent, ad ftand. inde re-
&o, tunc ipfos Willhelmum, Iohannem,
Walteruqi, Walterum* Henricum & Wiltn
praed-duodecirn fcil. fecundum afliam For-
refle fuerint repleg. tradat in ballium uc
praedi&um eft3 Et habeat ibi nomina illo-
rum duodccim hominum3 8c hoc brc. T.
Rege apud Bellum locum Regis 29. die
Augufii.

Ciaufo Anno quarto Edmrdi frimi*

Henricus filius Rogeri de Ken de Gottef- ^oaKaii
brook captus et detent, in prifona noftra par, ballium.
North, pro morte Simonis le Charetter
unde appellatus eft 5 habet literas Regis
Vic. North, quod ponit. per ballium.

ClaufoAnm quinto Edwardipimi.
M.i.

Mand. eft Galfrido de Nevil Iuftic. For-
refte ultra Trent.quod fi Walter, la Gre*
ie captus et detent.in prifona de Nott. pro
:ranl. Forrefte invenerit fibi duodecim
, )robos et legales homines qui eum ma-
pucapiant &c. ad ft and. inde reft, fecun-
"um affiam Forrefte Regis, tunc ipfum
fValterum praedi&is duodecim tradat in
>allium ficut praediftum eft. Dat. decimo
exto die Novembris.

DL «

tip

Vvomi-

haft
in

M. .2.

Thomas de Upwell et Iul, uxor ejus
apt, et detent* in prifona de Wynbolc
S 2 pro

260 The Argument oj the Moufe *>/ Commons

pro niorte Sttphani Soathcll tindere&ati
iiint babuer.liter. Vic.Norfflquod ponan-

tur per balJium.Dat.apudRochcIand28.
die Septembris.

Clanfo Anno fexto Edwardi primi.
M.

Bilherus PefTe captus et detcnt.in prifo-
na Pvegis de Norwich pro morte Jul.
quond. uxoris fuse unde re&atus eft 5 habec
literas Vic. NcnT. quod ponatur per
ballium, T. Rege apud Weftmonaft. 12.
Novembris. •

M. 4.

Mandat. eft Vic. Nott. fcilicet quod fi
Thomas de Cadurte rcftatus de tranfg*
Forreftquam fecifle dicebatur in Forrefto
de Shirwood, invenerit fibi fcx probos ct
legales homines de balJiva fua qui eurd
manucap. habere coram Pvege ad man d.
Reg. ad ftand. reft, coram cum R. inde1
verf. eumloqui voluerit, tuncpraed. Tho.
praed.fex hominib. tradat in ballium juxta
manucaptionem fupradi&am. Dat. deci-
mo guinto die Decembris.

M. 4.

Th^m.Burell Captet detcnt.in prifomf
Rrgis Exon.pro morte Gal f. Giffarde und<| f
rc&ar. eft.habet Htteraa Vic. Devon, quod
ponatur per ballkim. Claufi

concerning the Liberty of every Freeman. 26 1

CUufo/inno 3. Edmrdi jemidi*
M. 13.

Adam le Piper Capt. & detent, in Gaolc
Regis Ebor. pro morteHenr. le Simer
de Efcricke unde re&eft, habet literas Pte- dg
gis Vic. Ebor. quod po.natur per balli- e * n
urn ufqje ad prim. afliam. T, Rege apud
Weflm. feptimo die Febr.

M. 14.

Margareta uxor Wi!h. Calbot capta &
detent- in Gaole Regis Norwic. pro mor-
te Agnetis filiae Willi. Calbot. & Martil.
ioror. ejufdem Agnet. unde re&ataeftj
habet literas Regis Vic Norff.quod pona*
tur perballium. T. Regc apudShene 22.
die Jan.

M.18.

Johannes Frere Capt. 8c detent. in Gaole
Regis Exon. pro morte Ade de Egelcgh
unde re&at.eft.habet.lkeras Regis Vic.De-
von quod ponatur per ballium. T. Rege
apud Weftm. 8. die December.

Glauf$ Anno quarto Edwardi Secundi.

Robertus Shercve capt. & detent, in
*ffli«Gaole Regis de Colceftr. pro r^orte Ro-
J qa^crtile Moigne unde indi£tat.eft3habet lite-

Cl^I . S 3 ras

262 The Argument of the Honf ? of Commons

ras Regis Vic. EiUx quod ponatur in
ballium ufque ad pri. afiiam. Dat. 22. die
Maii.

M. 8.

Wilh, films Rogeri le Fiftiere de Shur-
borne opt. 8c detent.in Gaole Regis Ebor.
pro morte Roberti lc Monnourde Nor-
ton unde rc&atus eft , habet literas Re-
gis Vic. Ebor. quod ponatur per balli-
um ufque ad pri. Afliam. Dat. 25. Die A-
pril.

Claufo Anno quarto Edward? fecundi.
M. 22.

Thom. Ellys de Stamford capt. & de-
tent, in prifona Regis Lincoln, pro morte
Michael, filii Wilh. de Foderingey unde
re&atus eft, habet literas Regis Vic. Line,
quod ponatur in ballium ufque ad pri.
Afliam. T. Rege apud novam Weft, o&avo
die Septembris.

Patent, Anno oUavo Edward? pars
prima membr. 14.

Rex omnib. ad quos &c. Salutem. Scia-
tis quod cum Georgius De Rupe de Hiber.
Pro Georgio ^ewn^us Pro eo quod ad Parliamenta a-
de Rupe. Pu^ Dublin in Hibern. Ann.Re<jni Domi-
ni Ed viardi nuper Regis Angl. praec. no-
tirivicehmo, & Anno Regninoiiri iecun-

do

concerning the Liberty of every Freeman* 1 63

do tenta , non venit proutfummomcus
fuit3adducentas marcasamerciatus fuifFet
utaccepimus, Ac Johannes filius praedi&i
Georgii nobis fupplicaverit uc habito rc-
fpe&u ad hoc quod praedi&us pater fuus fe
a Parliaments praedi&is cauia inobedien-
tiaenon abfentavit, per quod ita exceffive
amerciari deberet 3 \elimus ccncedere3
quod amerciament a ilia quae obipfo Jo-
hanne ad opus noftrum per fummonitio-
nem Sccii noftri Dublin jam cxigunt. Ju-
fte moderentur. Nos voientes cum eo-
dem Johanne gratiofe zgere in hac parte, -
Volumus & concedimus quod decern librae
tantum de prasdictis ducentis march ad
opus noftrum ex caufjs piaemilfis leventur,
£t praeFatum Jorunnem de totorciiduo
earundem ducencsr. m area rum tenore
praefentium quietamus. InCujus&c. T.
Rege apud Novum Caftrum fuper Ty-
nam.

Per Petitiomm de Concilio apid Nuvurn Ca-
ftium fuperTyKam.

Et mandat. eftThomae& Camcrar. de
Sccio. Dublin quod p?aedic"tas decern li-
bras de praedi&is ducentis marcis de pras-
fato Johanne ad opus Regis levent, 8c ip-
fum Johannem de toto refiduo inde ad
di&. Sccam. exoncrari & quietum effc
fa&.T. ut fupra.

Per eandemTetitionem
S 4 Taunt.

264 the Argument of the Houfe of Commons

Patent, vicefw.o jcpt'ho Edwardi ter tit pars
frirxj mernbr. 1 3 .

Projacobo dc FUx omnibus ad quos &c. Salut. Sciatis
Audclcde quod de £ra noftra fpeciali Gonceflimus

aTpaTliamet0 55° W & hered' noftris diha°' & fidcli
ra< m"n noiiro Jacobo Daudlc de Helegh quod ipfe

auJ totam Vitam quietus fit de venicndo ad
PjrJianienia 8c Concilia noitra & heped,
noiViorum ac etiam ad congregationes
Magnauim.&proccrum ad mandata no-
ftra vel hertduni noflrorurn ubicunque
faciend. Ica quod idem Jacobus 5 quo-
ad vixerit raiione non advcntus fui ad
Parliamenta, Concilia, feu Congregatio-
nes hujufmodi, feu Perfonalis Compara-
tianis in eifdem per nos vei heredes no-
fuos ant mjpiOros notfros quofcunque
non impct^turr occalionetur aliquaHt.leu
graverur. Conceffimus infuper pro no-
bis Gt here d, noftris praefato Jacobo quod
ipfe toto tempore vitae fuae ad laborand.
de guerra in feivitiis noftris vel hered. no-
ftrorum feu ad homines ad arma, hobeia-
rios, vel fagittarios in hufufmodi fervitiis
ex nunc inveniend.extra Regnum noftrum
Angl. nifi cum Regale fervitium noftrum
auc heicc'um noftrotum fummonitum fu-
eritj contra voluntatem iuam nullatenus
Comoellatur, nec ea de caufaaliqualiter
impeiatur, lea Temper quod idem Jacobus
cum hominlbus ad arrna et aliis armatis
p"o defenfione Regni nofiri Angl. infra
idem Regnum quo ties aggrefius inimi-

corum

concerning the Liberty $f every Freeman. 265

corum noftrorum aut aliud periculum vel
neceflitas jeidcm Regno immineant [una
cum aliis fidelibus noftris ipiius Regni
proficifcat. et homines ad anna, hobclar.
et fagittar.juxta ftatumfuum ficutCaetcri
de eodem Regno ea de cau fa in venire te-
neatur. In Cujus rei &c. T. Rege apud
Weft. 30. die April.

per ipfum Regem.

Patent. 42. Edwardi. 3. fart, fecunda mem*
13-

Rex omnibus Ball, etfidelibas fuis ad Pf0 Robcrts
quos &c. Salutem. Sciatis quod de gra. no- de infula mi-
ttra jpeciali conceflimus pro nobis et hered. lire de non-
noftris dikfto et fideli noftro Roberto de veniendo ad
Infula mil. fil.et heredi Johannis de Infula, ParI'amcnc
quod idem Robertas ad totam vitam fu-
am banc habeat libertatera^videlicet^quod
ad Parlianienta feu Concilia noftra vel he-
red, noftrorum ex quacunque caufa vcni„
re minime teneacur. Etquodipfein ali-
quajurata, attin&a aut magna Affifa nos
vel htredes noftros tangent, aut aliis
Turatis, attin&is aut arTIzis quibufcun-
que non ponatur &c. Ec idio Vobis
mandamus quod praedi&um Robertum
contra hanc conctflionem noftram non
molefterisin aliquo feu gravetis. In Cujus
&c. T. Rege apud Weft. 24. die Novernbr.

per breve de privato Sigillo.

Pat.

266 The Argument of the Honf i of Commons

fat. 34 Hfnric.jext.membr* 23.

Pr° R,C Ebo omn^t,f a(* Woi &c' SaIut«Sciatis

detenend. '* *luoc* cum Pro quibultfam arduis et urgen-
Parliaraencum c^us negotiis nosftatum et defenfionem
nomine Re- Regni noftri Angl» ac Ecclefee Anglicanac
gis* contingcntibus, quoddam Parliamentum

noftrum nuper apud Palacium noftrum
Weft, teneri, et ufquead duodecim. diem
tiujus inftantis mcnlis Novembr. ad ickm
Palatium noftrum adjornari cr proro^ari
ordinaverimus , quia vero difto Parlia-
mento noftro propter certas juftas et rati-
onabilcs caufas in perfona noftra non po-
tuerinwsiatereflfe, Nosde crrcumfpe&io*
ne et induftria Cariftinii Confanguinei
noftri Rich. Ducis Ebora. plcnam fiduci-
am reportantes, eidem Coofanguinco no-
ftro ad Parliamentum praedi&um nomine
noftro tenenrf. et in eod. procedend. ct
ad fecicnd.omnia et fingula qu# pro nobis
et per nos pro bono regimineet guberna-
tione Regni noftri prxJifti acaliorum
Dominorum noftrorum eidem Regno no-
ftro pertincn* ibidem fuerint faciend. nec
non ad Parliamentum illud finiend.ct dif-
folvend, de affenlii Concilii noftri plenam
renore praefentium Commifimus potefta-
tem. Dantes ulterius de affenfu cjufdam
Concilii noftri tarn univerfis et fingulis
Archicpifcopis, Epifcopis,Abbatibu8,Pri-
oribus , Ducibus , Comitibus , Vice-
comitibus, Baronibus & Militibui cum
omnibus aliis quorum intereft ad Parlia-
ment-

concerning the Liberty of every Freeman. 2 67

in en turn noftrum predi&um conventur.
fcilic. tcnorc praefentium firm iter in man-
dacis quod cidem Confanguineo noftro
intendant in praemilfis in forma prsedi&a.
In Cujus &c* T. Rcge. apud Weft. if. die
Novcmbr. Per breve dc privato Sigillo
& de dat.praedift, &c.

Pat. 24. Hemic. 6. memb. 19. farsfrima.

Rex omnibus Balliis & Hdelibus fuis ad
quos &c.Salut. Sciatis quod cum ubi Wilh. De non veni-
Lovell miles ad Parliamenta & Concilia end.ad Parlia.
noftra ad mandatum noftrum, venire te- LovcI«
neatur, hinc eft quod idem Wilhelmus,
ob diverf. inftrrnitac.quibus dctinetur,abf-
que maximo corporis fui periculo ad Par-
liamenta & Concilia praedi&a laborare
non fufficit, uc informamur.Nos prxm'if-
fa, ac bona et gratuita fervitia quse idem
Wjlh,tam patri noftro defun&o quam no-
bis in partibus tranfmarinis impendit, &
nobis in Regno noftro Angl. impendere
defiderac Coniiderantes , de gra. noftra
fpecialiConceflimus eidmi Wilh.quod ipfe
durante vita uja per nos vei hered. noftros
ad Yeniend. ad Parliamenta feu Concilia
noftra quaecunque tent, live in pofterum
tenend. contra voluntatem fuamnonar-
ftetur nec Compellatur quo?is modoj Sed
quod ip(e ab hujufmodi Parliamentis &
Conciliis in futur. fe abfentare poffit licite
& impune, aliquo Statuto, Aftu, Ordina-
tione live Mandato indc in Conrrarium

faa

*68 The Argument of the Houfe of Commons

faft.odinat. five provif. non obftanc. Et
ulterius volumu«3 & eidera Wilhclmo per
praef. Concedimus quod abfentatio hujuf-
modi non cedat ci in damnum feu preju-
dicium quoquo modo,Sed quod prsef Car-
ta noftra de exemptione , per prsefatum
Wilh.feu alium quemcunque nomine fuoin
quibufcunquelocis infra Kegnum noftrum
Angl. demonftrat. fuper demonftratione
ilia eidcm Wilh. valcat & allocerur. Pro-
vifo femper quod idem Wilh. ad voJunta-
tem fuam, & hcredcs fui I oca fu a in Par.
liamentis & Conciliis prasdicYis habeanc
&teneant3 prouc idem Wilh. & an tece (To-
res fui in hujufmodi Parliaments & Con-
ciliis ab antiquohabuerunt& tenucrunt,
Conceffione noftra prasdifta non obfrarte.
In Cujus 8cc. T. Pvege apud Weft.quarto
die Febr.

Per breve de privato figillo & de da-
ta praediaaauihoritace Parliament!.

Claufo Anno 2y.Henric. 6.m. H'.dorfo.

pSemi *„£eX dika° & fidcL fuo Hcn- Bromflete
Parbamenti. Militi Baroni de Vefcy Salutcm. Quia &c.

Volumus enim vos & heredes veftroi? maf-
culos de Corpore veftro legitime cxeuntes
Barones de V^fTey cxiftere. T.Rege apud
Weft. 24.diejanuar.

Fat.n.Henric. Jcxt. membr. 13.

Rex concept Hen. Bromflete militi do-
mino

concerning the Liberty of \very Freeman. 26$

mino Vefley qui fenio & tantis infirmita- Pro Henrico-
ti6us detentus txiftit , quod abjque maxim o D°m« Vcflc?
Corporis (iii periculo labor, non fufficit, de CXcmprio«
quod ipfe durante vita fua ad perfonalit.
veniend.ad perfon.Regis3per aliquod breve
fub magno vel privato figilJo, aut per lite-
ram fub figillo Signed Regis, vel per ali-
quod aliud mandatum Regis vel hered. (uorum
jeu ad aliquod Concilium, five Parliament urn
Regis vel hered. [uorum ex nunc tenend. nuU
latenus arftatur neque cemfellatur contra volun-
tas Juam &c T.Rege af ad Weft. 1 3-die Mail.

Per if [urn Regem & de da t, praedifta
auttoritate Parliament.

A

F

(

I

(
1

A

SPEECH

Delivered the Lower
j Houfe cf

PARLIAMENT

Ajfembled at

OXFORD:

In the firftyear of the Reign

Of K I N G

CHARLES,

By Sir Rob. Cotton
Knight and Baronet.

LONDON,

Pinted in the year 1 651 .

11

SPEECH

Deli vered in the Lower Houfe of

PARLIAMENT

■ .«

Jljembleddt

OXFORD:

In thefirft year of the Reign of King

CHARLES.

Mr.SFEAKER,

Lthoughthe conftant Wif-
dome of this Hoine of
Commons did well and
worthily appear inceniu-
ring that ill adviftd mem-
ber thelaftday, for tren-
ching fo farr into their antient Liberties,
and might encourage each worthy fervanc
of the publique here to offer freely up his
councel and opinion ; Yet fince thefe
Walls cannot conceal from the eares of
captious, guilty and revengeful men with*
out 3 the Councel and debates within ;

T I

273

A fpeech delivered in the Lower Houfe

I will endeavour, as my cleer mind is free
from any perfonal diftafte of any onei fo
to exprefle the honeft thoughts of my
heart, and difcharge the beft care of my
truft, asnoperfonfhalljuftly taxemy in*
nocent and publique mind , except his
confeience (hall make him guilty of fuch
crimes as worthily have in Parliament im-
peached others in elder times.I will therc-

j fore, with afmuch brevity as I can , fet
down how thofe diforders have by degrees
fprung up in our own memories ; how
the Wifdome of the beft and wifeft^ger did

3. of old redrefle the like. And laftly, what
modeft and dutiful courfe 1 would wifti to
be followed by our felves in this fo happy
Spring of our hopeful Matter. Fo* (Mr.
Speaker') we arc not to judge, but to pre-
fent j/ The redrefie is above ad §htttimoni-
amVulgi.

Now (Mr.Speaker)folongas thofe at-
tended about our late Soveraign Matter,
now with God, as had ferved the late
Qyeen of happy memory , debts of the
Crown were not fo great 5 Commiffions
and Grants not fo often complained of
Sn Parliaments ; Trade flourifhed ; Pen-
fions not fo many though more then in
the late Queens time: for they exceeded
not 18000. 1. now neer 120000. 1. All
things of moment were carryed by pub-
Jkk debate at the Councel»Table ; No ho-
nour fet to fale ; nor places of Judi-
cature. Lawes againft Priefts and Recu-

fants

of Parliament affembkd at Oxford. 275

fants were executed : Refort of Pafifis to
AmbafTadors houfes barred and punimed ;

• His Maieftie by daily dirc&ion to all his
Vlinifters, and by his own pen declaring
lis diflike of that Profeflion : No wailful

[ i cxpences in fruitlefTe AmbafTages , nor

I any tranfeendent power in any one Mini-
: fter. For matters of State, the Councel-

Table held up the fit and antient dignitie.
: So long as my Lord of Somerfet ftood in

II i ftate of grace, and had by his Majefty's fa-
J vourthetruft of the Signet Sealer he oft

would glory juftiy, there paffed neither
i{ to himfelf, or his friends any long grants
10 of his highnefle lands or P enfions : For
y that which himfelfhad3 hepaid 20000. 1.
r' towards the Marriage- Portion of the
[King's Daughter. His care was to paiTe no

Monopoly or illegal Grant, and that
[jfome Members of this houfe c n witneffe
[m by his charge unto them. No giving way

Co the fale of Honours, as a breach upon
ltc jthe Nobilityftor fuch were his own words')
^ refufing Sir John Refer9 s Office^ hen tendred
JBl po procure him to be made a Baron. The
lct: match with Sfain, then offered ( and with

:ondition to require no further tolerati-
"I pn in Religion then Ambaffadours here
to ire allowed) difcovering the double deal-
w ng and the dangers, he diflfwaded his Ma-

my from 5 and left him fo farr in diilruft
)b the faith of that King, and his great
M1* nflxumenc, GoHcktfter, then here refiding*
fl' )hat his Majeftic did term him longtime
m« 1 T 2 after

2 7 '6 A Speech dilivered in the Lower Houf ?

aherajuglingjack. Thtisftood th'effcct
of his power with his Majelty when the
cloudes of his mifortune fell upon him.
What the future advices led in , we may
well remember. The marriage with Spain
was againc renewed : GondomaT declared
an h on eft man ; Popeiic heartened,by ad-
mifiion of thofeunlure, before conditions
of Conveniencie. The forces of his Ma-
jeftieinthe Palatinate withdrawn, upon
SfanWhith improved here and believed ;
by which his Highntfie Children have loft
their Patrimony, and more money been
ipent, in fruhltffe Ambaflages 5 then
would have maintained an Army fit to
have recovered that Countrcy. Our old
and fafl Allies difheartened,by that tedious
and dangerous Treaty ; And the King
cur now MaOer9 expofed to fo great a pe-
rill, as no wife and Faithful Councell
would ever have advifed.Errors inGovern-
ment more in misfortune by weak Coun*
eels then in Princes.

The lofle of the Countie of Foyntijfe in
France^ was laid to BtikapfffickpaH?* charge
in the fir ft of Richard 2. for perfwading the
King to forbear fending aide when it was
required: a Capital cri.Tie in Parliament.
• The lode of the Vucbie of Maine was laid
to tfs la Pooh Duke of Suffolk? ?8. Henry 6.
in fingle and unu ifcly tr jating of a Marri-
age in France.

A Syanifb Treaty Joft the Palatinate.
Whofe Councell hi th procured fo great

power

of Parliament Atfembkd at Oxford. 277

f over to the 5,p4»//&Agent(a$ never before)
to effeft freedome to Co many Prieftsas
have been of late, and to become a Soli-
citor almoft in every Tf ibunall for the ill
afFe&ed Subjefts of the State, is worth the
enquiry.

What grants of Impofitions before
croflfed, have lately been complained of in
Parliaments > As that of Ale-boufes, Gold
tbred9 Pretermitted Cuflomes 9 and many
more ; the leaft of which would have 50*
Edward 3. adjudged in Parliament an hey-,
nous crime, afwell as thofc of Lyons and
Latymer.

The Duke of Suffolk in Henry 6. time, in
procuring fuch another Grant in deroga-
tion of the Common Law, was adjudged
in Parliament. 6

The gift of Honours, kept as the mod
facred treafure of the State, now fet to
faile. Parliaments have been fuitors to
the King to beftow thofe graces 5 as in the
times of Edward 3. Henry 4. and tienry 6.
tin More now led in by that way oncly then
all the merits of the beft defervers have
got thefe laft 500.years.So tender was the
care of elder times that it is an Article 28.
Henry 6. in Parliament againft the Duke of
Suffolk?, that he had procured for himfelf,
and fome few others, fuch Titles of Ho-
nour; and thofe io irregular, that he was
the hrft that ever wasEarle, Marquette,

the hrft reftrained the number, in pollicie,
* 3 that

A fpeech delivered in the Lowtr Houfe

that would have challenged a Writ by
Tenure * and how this proportion may
fuite with profit of the State we cannot
tell. Great deferts have now no other
recompence then coftly Rewards from the
King; For, we now are at a vile Price of
that which was once ineftiraable. If wor-
thy pcrfons have been advanced freely to
places of greatcft trutf, I {hall be glad,
S fencer was condemned in the i^.ofEdward
3. for difplacinggoodfervants about the
King, and putting in his Friends and fol-
lpwcr*,not leaving, eit-her in the Church or
Common- Wealth, a place to any 5 before
a fine was paid unto him for his depen-
dance. The like in part was laid by Par*
liamfnt on J)e LVoole. h cannot but be
a fad hearing unto us all, what my Lord
Trcafurer the laft day told ns of his ftfaj*-
fliet great debts, high Engagements, and
prefent wants ; The noi& whereof 1 wifti
may ever reft inclofed wit hin thefe Walls,
For, what an incouragemenc it may be to
our enemies, and a dMheartning to our
friends I cannot tell. The danger of thofe
if any they have been die caufe is great and
fearfalL It was no fruall motive to the
Parliamant,in the time of Henry to ba*
nifh the King's half-Brethren for procu-
ring to themfelves To large proportion of
the Crown lands* Gavejlon and S fencer
for doing the like for themfelves, and
their Followers m\ Edward the 2. tirrie,and
the Lady Veffy r procuring the like for

her

offarliMent affembled at Oxford. 279

her Brother Beaumont^ was bantfhed the
Court. Michael de la feole was condemned
the 20. of Richard 2. in Parliaments a*
mongft other crimes, for procuring lands
and Pengons from the Kings and having
imploycd the fobfidics to other ends then
the grant intended. His Grand-Child,
WiHim Vukf of Suffolfa for the like was
cenfured 28. Henry 6. The great Bifhop
ofJF/»c&e/fer, 50. Edward 3. was put up-
on the King's mercy by Parliament for
wafting in time of peace, the Revenues of
the Crowne, and gifts of the People, to
the yearly oppreflion of the Common-
Wealth. Offences of this Nature were
urged to the ruining of the Lad Duke of
Somerjety in Edward 6. time. More fearful
Examples may be found, too frequent in
Records. Such Improvidence and ill
Counccll led Henry the third into fo great
a (trait, as after he bad pawned fome pate
of his Forreigne Territories, broke up
his houfe, and fought his dietacAbbies
and Religious houfes, ingaged not onely
his own Jewells, but thofe of the Shrine
of Saint Edward sLtfFeflminfter, he was in
the end (not content,but) conftrained to
lay to pawne ( as fome of his Succeflbrs
after did J Magnam Ceronam AnglU9 the
CroWn of England. To draw you out to
life the Image of former Kings extremities,
I will tell you what I found iince this Af-
fembly at Okford, written by a Reverend
man twice Vice^Cbancelm of this place : his
T 4 name

s8o A Speech delivered in the Lower Honfi

name was Gal* eigne* a man thatfaw th«
Tragedk of Ve la Took ; He ceils yo/4 that
. the Revenues of the Crown were fp R.eru
away by ill Cou^ceH, that the King wa$
inforced to live lie 7allagiifFofuli : That
the King was grown in debt qmnque ceniena
millictlibrarum: That his great Favourite^
in treating of a Forreigne Marriage, had
loft his Mafter a Forreigne Duchie : That
to work his ends, he, had cauled the King
to adjourne the Parliament in Viffif & re-
motif parti but Regni9 whew few people,
proper defefium bofptii & viftualium could
attend , and by> ftufting that aflembJy
from place to place to infofme(l will ufe
the Authors words) iUospaucos quiremane*
bunt de Communitate Regni , concedere^egi
quamvif fejftma- When theParliament en-
deavoured by an aft of Reftftnption, the
juft arid freqjent way to repairs the Ian-
guiftiing State of the Grown (.for all from
Henry 3. btu one till the Henry 8:haye
uted it ) this great man told the King it
Was ad dedecus Kfgfc,, and forced him from
it s To which the (Jomfflons anfwered,
although vexatilaboribm & exfenfe Quid
nuvquam c&medercnt Wa\i\ ftegi, until J by
author i tie of Parliament, rejumeret aftua*
liter omnia pertinentia Cawix/rfngU* t And
that it was inzgU ad dedicys Regis £o< leave fo
many poor men in j n tolerable Want;,
to whom the King fiood then indebted;
Yet nought could all good Gpuncel work,
umill by Parliament that bad great man

was

of Parliament afftmhltd at Oxford. 28 1

iii< 1 was bamihed : which v?as no foone.r done;
tbt I but an aft of Refumption followed
[flit j the inrollmcnt of the Aft of his Exile-
u j nienc. That was a fpeeding Article a*
m gainft the Bifhop of Winehefter and his Br o-
m I ther3 in the time of Edward 3. that they
w, j had ingroffed the perfon of the King from
tad j his other Lords. Ic was not forgotten
ut againft Gavefton and the Spencers in Edward
fig 2.time. The unhappy Minifies of jSi-
«. j chard 2. Henry 6. and Edward 6. felt the
fahj weight to their Ruine of the like errors.
I hope we (hall not cooiplaine in Parlia-
ment again of fuch.

I am glad we have neither juft caufe or
undutifuldifpofitions to appoint the King
j ! a Councel to redres thofe errors in Parliament,
! as thofe of the 43.22-3. We do not defire,as
5.H.4-or 29.H.6. the removing from about
g i the King of evil Gouncellm.We do net re que ft
ffl j a choife by name^ as 14.E.3. 3.5.1 I.R.2.8.H.
w 4-or 3 1 .H. 6.nor to [wear them in Parliament,
it as 35'E.i.9.E.2.or 5.R.2.ortolinethem
n out their diretlhns of rulers 43.H. 3. and 8.
H. 6.or dcfire that which H.3.did promife
! in his 4 2. year, fe atta omnia fer affenjn Mag*
natum de Concillofuo elettorum3& fine eor.affen-
j fu nihil. We only in loyal duty offer up our
I humble defires , that fince his Majejiy hath
j with advifedjudgement eleEted fo wife^Keligi^
1 ow,and wer/ fyi Servants to attend him in that
| high implement, he wilbe pleafcd to advife
with them together ,a way of Remedy for thofe
dijafters in State, led in by /eng /ec«ri fy and
tapp/ pe acefe Kof will) young and fmgk Gounceh

od sldjsT feonfco33fi:

eid Vwvibb oJ hallo i3f[ n ;i • ;
vgnid'jf.'oj £i< .' ,0

S P E AE G H

Touching the

ALTERATION
COYNE.

MyLoRDS,

Ince it hath pleafed this Ho*
nourablc Table to com-
mand, amongft others, my
poor Opinion concerning
this weighty Proportion
of money, I moft humbly
crave pardon; if with that freedome that
becomes my dutietomy good and gra~
tious Mafler , and my obedience to
your great command , I deliver it to
up.

1 cannot ( my good Lords) but afiurcdly
conceive, that this Intended Project of
enhauncing the Coyne, will trench both Honour ja.
into the Honour, the Jn(Hce3ap.d the Pro- {ylCf: geprofic.

tit

286 A fpeech touching the

fit of my Royali Matter very farre*
Honour. All Eftatcs do ftand Magi* Fama qdam Vi>
as Tacitus faith of Rome : and Wealth in
every Kingdome is one of the Eflentiall
marks of their Great neffe : and that is
beft exprefled in the Meafureand Puritie
of their Moneies, Hence was it, that To
long as the Romane Empire ( a^Pattcrn of
beft Government) held up their Glory and
Grcatneflcj they ever maintained, With
little or no charge, the Standard of their
coine. But after the loofe time* of Cwi-
modus had led in Need by ExcefTe, and fo
that ftuft of Changing the Standard, the
Majeftyofthat Empire fell by degrees. And
as Vofifcu* faith, the ftepl by which that
State defcended were vifibly known mod
by the gradual alteration of their Coine.
And there is no furcr fymptome of a Con-
fumption in State then the corruption in
money.

What renown is left to the Pofterity of
fcdw-i. Edward the firft in amending the Standard,
both in purity and weight from that of
elder and more barbarous times , muft
flick as a blcmifti upon Princes that do the
contrary. Thus we fee it was with Henry
Hen.5, the fixt. wh0a aftcr he bad begun with

abating the meafurc , he after fell to a-
bating the matter 5 and granted commif-
fions to Miffenden and others to praftifc
Alchemy to ferve his Mint. The extremity
of the State in gmerall felt this aggrie-
vance, befides the difhonour it laid upon

the

Attention of Coyne. 2$j

the perfon of the King, was not the leaft
advantage his difloyal Kinfman took to
ingrace himfelf into the People'* favour,
tohisSoveraignc'sruin. u 0

When Henry the 8. had gained afmuch Hcn'*
of power and glory abroad,of Love and O-
bedience at home, as ever any \ he fuffered
fhipwrack of all upon this Rock. e

When his Daughter Queen Elizabet b ***** EllZ#
came to the Crown , fhe was happy in
Councel to amend that Error of her Fa-
ther; For 3 in a Memorial of the Lord
Trcafurcr Burleigh's hand, I find that he
and Sir f homos Smith (a grave and learned
man) advifing the Queen that it was the
honour of her Crown,and the true wealth
of her Self and People,to reduce the Stan-
dard to the antient parity and purity of
her great Grand-Father King Edward 4. Edw'4'
And that it was not the (hort ends of Wit,
nor ftarting holes of devifes that can fu-
£hin the expence of a Monarchy. but found
and folid courfes : for fo are the words.
She followed their advife, and began to
reduce the Monies to their elder goodnefs3
ftiling that work in her firft Proclamation
Anno 3 . A Famous Aft* The next year fol-
lowingjhaving perfected it as it after flood;
(he tells her People by another Id/'S, that
fhe had conquered now that Monfler that
had fo long (devoured them, meaning the
Variation of the Standard: And fo long
as that fad Advifcr lived5(he never (though
often by Projtftors importuned ) could be

drawn

188

A Speech touching the

Juftice

drawn to any ftuft or change in the Kate
of her monies.

To avoid the trick of Permutation, Coyn
was devifed, as a Rate and meafjre of
Merchandise and Manufactures $ which if
mutable, no man can tell either what he
hath or what he oweth,no contract can be
certain ; and fo all commerce $ both pub-
liqiie and private, deftroied ; and mena-
gain enforced to permutation with thing?
not fubjeft to wit or fraud.

The regulating of Coin hath been left
to the care of Princes, who are prefumeJ
to be ever the Fathers of the Common-
wealth. Upon their honours they are
Debtors and Warranties of Juftice to the
Subject in that behalfe. They cannot,
faith' JW/tt, alter the price of the monies,
to the prejudice of the Subjects without
incurring the reproach of Faux Monnoyeurs.
And therefore the Stories terme Pbilifh
Bd7, for uling it, Falfificateur de Moneta,
Omnino Monet* integrum debet qutri ubi vul-
ttu nofter imfrimitur, faith tbeedoret the 'Gotbe
to his MinhMafter, Quidnam erit tutum ft in
nostra feccttur tffigic 1 ' Princes muft not
fuffer their faces to warrant falftiood.

Although I am not of opinion with Mif~
rot des Juftices, the anticnt book of our
Common Law, that Le Roy ne pit fa Mony
Empeirer ne amender fans fajfent de touts jes
Counts, which was the greateft Councel of
the Kingdome; yet can I not pafle over
the goodnefle and Grace of money of

our

Bodin,

Theodoret
the Gothe.

Mirror des
Juftices.

Alteration ofCoine. 289

lA

id
ion-
m
)k

ui: our'Kinga ; (As Edtoard the i; and the 3. Edw.i. a 3.

Henry the 4. and th- 5. wirhothers3 who,Hen4 5*
^ out of that Rule of this Juftice, guod ad
,? mnes faeftaty ab omnibus debet afprobari* have
*f often advifed with the people in Parlia-
:k 1 ment, both for the Allay, Weighc,Num-
D(w ber of peeces, cut of Coynage and ex-
uo" change; J ?nd muft with infinite comfort
ia" acknowledge, the care and Juftice noW
$ of my Good Matter , and your Lordfhips
Wifedomes; that would not upon infor-
mation of fome few Officers of the Mint,
before a free and careful debate; put in
execution this Projeft, that I much ( un-
der your Honours FavcurJ fufpeel:, would
have taken away the Tench part of every
01 * 'man's due debt or Rent already rcferved
iU> throughout the Realme, not fparing the
out King ; which would have been little lefFe
m' then a Species of that which the Romafie
lIf '{ Stories call tabula neva, from whence very
wj often feditions have fprung : As that of
* Marcus GratidiatM in Liviey who pretend-
*fe ing in his Cm[ul(bifo that the Currant mo-
]r ney was wafted by ufex called it in, and al-
IIl0t tered theSrandard; which grew fo heavy
and grievous to the People, as the Author
F faith , becaufe no man thereby knew
:oW certainly his Wealth, that it caufed a Tu-
W mult.

In this lift part, which is, the DifprO- fr°fi&
fit this enfeebling the coifte will bring
both to his Majeftie and the Common-
Wealthy 1 muft diftinguUh the Monies of
V Gold

QC}Q A Speech touching the

Gold and Silver, as they are Bullion or
Commodities* and as they are mcifuie 2
The one, the ExtrinticK quality, which
i*at the King's pleasure, as all other mea-
fures, to name ; The other the Intriniick
quantiry of pure metall> which fa in the
Merchant to value. As there the meafure
(hall be either leflened orinlarged, fois
the quantity of the Commodity that is to
be exchanged. If then the King (hall cue
his {hilling or pound nominall lefle then
it was before, a leflc proportion of fuch
Commodiiieas (h ill be exchanged for it
muft be received. It mud then of force
follow, that all things of Neceffity, as
Vi&uall, Appareil , and the reft, as well
as thofe of Pleafjre,muft be inhaunced. If
then all men (hall receive^in their millings
and pounds, a lc{fr proportion of Silver
and Gold then they did before this pro-
jected Alteration, anci pay for what they
buy a rate inruunced, ic muil cafi upon all
a double lofTe.

What the King will fuffer by it in the
Rents of his lands, is demonftrated c-
nough by the alterations fince the 18. of
T:dw<,rd the 3. when all the Revenue of the
Crown came into the leceipt Tendere &
NuwerO) after five groats in the ounce ;
which iince that time, by the leveiall
changes of the Standard is come to five
millings, whereby the King hath loll two
third parts of his juft Revenue.

In his Guiiom.es, the beu of rate being

rcgulatsdi

Alteration of Coyne*

291

regulated by pounds and hillings, his
Majetfy mutt lote alike 5 And fo in all
and whatfoever monies that after this he
(hall receive.

The profit by this change in coynage,
cannot be much 5 nor mancnt. In the
other the lofle lafiing, and io large, that
it reacheth to little lclfe then yearly to a
fixth part of his whole Revcnue.for hereby
in every pound tale of Gold there is nine
ownccs, one pchy weight, and 19- grains
lotfe, which is 25. 1. in account, and in
the 100 1. tale of Silver 59.ownces,which
is 14. 1. 17.S. more.

And as his Majefty (hall undefgoc all
theTe lofTes hereafter in all his receipts ;
fo fhall he no Jeflein many ot his disburfe-
ments. The wages of his Souldiers muft
be raceably advanced as the money is de-
creafed. This Edward the tbird(a$ appear-
ti«j|«th by by the account of theWardrobe and
odjExchequor ) as all the Kings after were
enforced to do, as oft as they leflened the
Standard of their monies. The prices of
hat (hall be bought for his Majefiies fer-
5ce5muft in like proportion be inhaunced
n him. And as his Majedy hath the
$ tflgreateft of Receipts and Mines, fo muft he
of neceflky tafte the mod of loileby this
evice.

It will difcourage a great proportion of
he Trade in England, and fo irripaire his
(Vrajefty's Cuftomes. For that part(being
ot the leaft ) that payeth upon tf uft and

V a credit

2£2 4 fpeech touching the

credit will be overthrown; for ail men
being doubtfull of diminution here-
by of their perfbnal Eftates, will call in
their monies already out, and n«> man
will part with trut which is by him upon
fuch apparent lone as this mu t bring.
What danger may befall the State by
fuch a fuddaineftand of Trade, I cannot
gueffe*

The monies of Gold and Silver former-
ln coyned and abroad, being richer then
thefe intended, will be made for the moft
part here by bullion, and fo tranfported ;
which 1 conceive to be none of the leait in-
ducements that hath drawn fo many Gold"
Smithes to fide this Projeft, that they may
be thereby Factors for the ftrangers, who
by the lownefle of minting^ being but 2. s.
Silver the pound weight,and4.s.tor Gold;
whereas with us the one is 4-and the other
5.S. ) may make that profit beyond- fea
they cannot here,and fo his Majcfty's mint
unfet on work.

And as his fVhjefty (hall lofe apparently
in the alteration of monies a 14. in all the
Silver, and a 25. part in all the Gold
he after mall receive : fo mall the Nobili-
ty, Gentry, and all orher, in all tneir j
former fetled Rents, Annuities, Penfions,
and loanes of money. The Uke will tall
upon the Labourers andWofkmcn in tf eir
Statute -wages : and as their receipts are
leflcned hereby 5 fo are their Iflues increai-
ed, ckher by improving all prices . or

disfurnidiing

m
in

Alteration ofCoiw* 293

disrarnifhingtheMaiket, which tnuft n e-
ccflarily follow. For if in $.Edu>ardi 6. 3.
Marian and 4. Elizabeth*, it appearcth by
the Proclamations, that a rumor only of
an alteration caufed thefe Lffe&s., punifh-
ing the Author of fuch repoits with im-
prisonment and pillory 5 it cannot be
doubted bat the projecting a change muft
be of farre more confequence and clanger
to the State, and would be wifhed that
the Aftors and Authors of fuch difturbances
in the Common-Wealth,at all times here-
after might undergo a puniihnienc propor-
tionable.

It cannot be held ( I prefume) an advice
ofbeft Judgement that layuh the lofle up-'
onourfelves, and the gain upon our ene-
mies : for who is like to be in this the
greater Thriver 1 Is it not ufual? that the
Srangerthat tranfporteth over monies for
Bullion, our own G Id- Smithes that are
their Brokers, and the Forrei^ne Hedge-
mlnters of the Netherlands ( which terms
them well ) have a frefh and full Trade by
this abatement? And we cannot do the
Sfani/b King ( our greateft enemie Jfo greut
a favour as by this, who being the Lord
of this Commodity by his Weft- Indies, we
(hall fo advance them to our impoverifh-
ing $ for it is not in the power of any
State to raife the price of their own, but
the value that their Neighbour Princes ac-
ceptance fets upon them.

Experience hath taught us, that the
V 3 enfeebling

A Speeh touching the

enfeebling of coin is but a uYiftfora while,
as drink to one in a dropfy, to make him
fwell the more ; But the State was never
throughly cured, as we faw by Henry the
eights time and the late Queens, until!
the coine was made up again.

I cannot but then conclude (my honor-
able Lords J that if the proportion of
Gold and Silver to each other be wrought
to that parity, by the advice of Artifts,
that neither may be too rich for the other,
that the mintage may be reduced to lbme
proportion of N ighbour parts, and that
the ifTue of our Native Commodities may
be brought to overburthen the entrance of
the Forreign,we need not feek any way of
ftiift, but (hall again fee our Trade Co flou-
ri(h, the Mint fas thepulfe of the Com-
mon-Wealth) again to beat, and our Ma-
terials, by Induftry5tobeamineofGold
and Silver to us, and the Honour, Juftice
and Profit of his Majcftie( which we all
wiftiand work for jfupportcd.

Alteration of dyne. 295

'/he Anfaer of the Committees ap-
pointed by your Lordfl)ips to the
propofitton delivered by feme Offi-
cers of the Mint 3 formhauncwg
his Majeftie's monies of Cold and
Silver.

September I 626.

♦01

7.

The fir& pari. The Treamble.

TT^E conceive that the Officers of the
VV Mint are bound by Oath to dis-
charge their feverall. duties in their icvend
places reipccYiveiy. But we cannot con-
ceive how they ftu-uld 1« and tyed by oath
to account to his Majefty and your Honors
of the Intrinfic^ value of all Forreigne
cqines,and how :iaey agree with the Stan*
dard of the State (before they conic to ike
mint) for it is impoHible and needkfie : In
the one, for that all Forreigne States do,
tor the moft purt3 differ from us and our
money infinitely amongft themtelvts: In
the other, it being the proper care of ihc
Merchant?, who areprefumed net to pur-
chase that at a dearer rate then they may
be allowed for the fame in fine Gold and
V 4 Silver

A Speech touching the

Silver in the coin of '-England) within che
charge of coinage. £nu therefore need-
lefTe. .

To t nduce the neceffity of the Propor-
tion, they produce two inaances 01 ex-
amples .5 The one from tne RcxVolIer^nd
the other from the Royall tf Eight j where-
in they have untruely informed your Ho-
nours of the price and value in our monies
and qur Trade of both of them. For
Whereas they lay5that theReffZMer.weigh-
eth 18. peny weight and 1 2. grains, and
to be of the nneft at the pound weight, 1 0,
ou nces. 10. pence weighty doth produce
in exchange «$.s. 2. d. farthing of fterling
monies. We do affirm that the fame Z>ci-
/*ris i8.d. weight 18 graines, and in fi-
ne fit jo.ownces 1 2.d-weight3equal to .4.$.
5. d. ob. of fteriing monies, and is at this
time in London « no higher price, which
is ftiort thereof by 13. graines and a half
fine Silver upon every ZMer, being 2. d.
iierling cu thereabout, being the charge
of coynage3 with a fmall recompence to
the Gold-Smith or Exchanger2to the pro-
fit of England 3.S. 6. d. per Centum.

Whereas they do in thek circumftance
avfrr unto your HonouiSv that this Doller
runnes in account of Trade amongfl the
Merchants as 5. 8. 2.d.ob« Englifb money :
It is raoft ralfe. For the Merchants and
beti experienced men proteft the contrary,
and that it pafTeth in exchange according
0 the ImriniiOfc value onely 4. s.5 .d. ob.

Alteration of Coin*. 297

of thefterlingmoney,orneer thereabouts,
and not otherwife.

The fecond in fiance is in the Royal/ of
■E'iibt', affirming that it weigheth 17. pe-
ny weight, 12- graines; and being but of
the finenefle of n.ownces at the pound
weight, doth pattern Exchange at 5. s, of
our fterling moneys,, whereby welofe 6 ?.
7«d. in every pound weight. But having
examined ic by the beft Artifts, we find ic
to be 11. ownces 2.d. weight fine, and in
weight 17. peny weight, 12. graines 5
which doth cqnall 4.S. 4«d. ob. of our fter-
ling monies, and palTeth in London at that
rate, and not otherwile, though holding
more fine filver by 12. graines and a halfe
in every Roy all of Eight , which is the charge
of coinage, and a fmall overplus for the
Gold-Smithes gain. And whereas they
fay, that thefaid Roy aU of Eight mnnes in
account of Trade at5.s. of his Majeftie's
now Evglifb money ; the Merchants do all
affirm the contraband that it paffeth on-
ly at 4.8 .4.0b. of the llerling monies,and
no higher ordinarily.

And it muft be ftrange ( my honourable
Lords) to believe that our Neighbours the
Nether lender s0 would give for a pound tale
of our fterling Silver, bywh3tname foe-
ver it pafiTeth, a greater quantity of their
monies in the like intrinfick value by
Exchange; Or that our Merchants would,
knciving.give a greater for a leffe to them,

except

except by way otuiance. But the deceipt
is herein only, that they continually va-
rying their cpine, and crying it up at
plcafure, may deceive us for a time, in too
high a Reputation of pure Silver in it^up-
on truft, then there is, untill a trial 5 and
this, by no Alteration of our coin, unletfe
we mould daily, as they make his Majefty 's
Standard uncertain, can be prevented *
which being the meafure of Lands, Rem s
and Commerce amongft our (elves at
home, would render ail uncertain, and
fo of neceffity deftroy the ufe ot money ;
and torn all to permutation or iuih
things as were not fubjed to will or
change.

And as they have miftaken the ground
of their Proportion 5 fohave they, upon
a fpecious (hew of fornc ^nomentary and
fmall 6enerit to his Majejiyy reared up a
vaft and cunftanc lofTe unto his Highneife
by this deugne, if once effected. For, as
his Mqefty hath the,iargeii portion of any
both in the entrance? and iflues; fo mould
heby fo enfeebling of his coine,become the
greatest lofer«

There needs no other inftance then
thofe degrees of diminution from the 1 8.
it Edw.3. of Edward 3. to this day 5 at which time
the Revenue of the Crown was paid afcer
five Groats the ownce (which is now five
(hillings) which hath loft his Majefty two
thirds of all his Revenue; and no lehe
hath all the Nobility, Gentry, and other

his

juration of Coym. 299

h'nMajeftie 3 landed Sub)e&9 in proportion
liifJered. But fince, to our great comfort,
we heard your Honours the laft day to lay
a worthy blame upon the Mint.MaflerS)
for that intended diminution of the Gold*
coine done by them without full warrant;
by which we reft difcharged of that fear:
We will ( according to our duties and
your Honours command, deliver humbly
our opinion concerning the reduction of
the Silver-money now currant to be pro-
portionably equivalent to the Gold.

The Englifh fterling Standard 3 which
was no little honour to Edward the firft,
thatfettled it from an inconftant motion,
and laid it a ground that all the States of
Eurefeaktr complyed to bring in their ac-
count, which was of Silver a 11. to one
of Gold, the Kings of England for the moft
part fince have conftantly continued the
fame proportion : and Sfaine, fince Ferdi-
nand, who took from hence his Patterne,
have held & hold unchangeably the fame
unto this day; but fince with us, a late
improvement of Gold hath broke that
Rule, and caft a difference in our Silver of
fix {hillings in the pound weight; we can-
not but in all humility prefent our fear,
that the framing, at this time of an cqua.
lity, except it were by reducing the Gold
to the Silver , is not fo fafe and pro-
fitable as is propofcd by thofe of the
mint.

For whereas they pretend this, Our

richneffe

300 A Speech touching the

richnefle of our iilver will carry out what
now remain eth: We conceive ( under fa-
vour) it wiil have no fuch effect, but clean
contrary. For all the currant Silver now
abroad hath been fo culled by Tome Gold-
Smiths, the fame either turned into Bul-
lion, and fo tranfported, that that which
now remaineth will hardly produce 65. s.
in the pound weight one with another 5
and fo not likely, for fo little profit as
now it goettij to be tranfported. But if
the pound fterling (hould be as they defire,
cut into 70.8. 6.d. it mull of neceflity fol«
low, that the new money will convert the
old money, ( now currant) into Bullion ;
and fo afford a Trade afrcfh for fome ill
Patriot Gold-Smithes, and others* who
formerly have more endamaged the State
by culling , then any others by clipping ;
the one but trading in pounds, the other
in thoufands ; and therefore worthy of a
greater punifhmcnt. And we cannot but
have juft caufe ( my Lords ) to fear that
thefe bad members have been no idle in-
fhuments, for their private benefit, to the
publique detriment, of this new project,
fo much tending to enfeebling the fterling
Standard.

We further ( under your Lordftrips fa-
vours ) fonceive,thac the railing of the Sil-
ver to the GoId,wilI,upon fomefiiddain oc-
cafion beyond Sea, tranfport our Gold,
and leave the State in fcarciry of that, as
now of Silver.

And

Alteration oj Coine. go i

And to that Obje&ion of the Propoters,
That there is no Silver brought of late into
the mint: Thecaufeswe conceive to be
( beiides the unufuall quantities of late
brought into the mint in Gold^one the
overballafing of late of Trade ; the other,
the charge of coinage. For the firft,it can-
not be but the late infeftiou of this City
was a let of exportation of our beft com-
modity, Cloth, made by that fufpefted
in every place. To this may be added the
vaft Gimmes of money which the neceflfary
occafion of warre called from his Majefiy
to the parts beyond the Seas, when we had
leafl of Commodities to make even the bal*
lance there. And laftly, dearth and fcarcity
of corne, which in time of plenty we ever
found the b ft exchange to bring in Giver*
And therefore, fincc by Gods great Fa-
vour the Plague is ended, and generall
Trade thereby reftored3and more of Plen- .
ty this year,then hath been formerly theie
many years, of corn, we doubt not but
if the Ports of Spine were now as free as
they were of late, there would not prove
hereafter any caufe to complainc of the
want of Bullion in the State.

The fecond caufe, that the mint rc-
maines unfurnifhed j will be the charge of
coinage, raifed in price fo farre above all
other places , conftraning each man to
carry his Bullion where he may receive by
coinage the lefTe ofloffe. And therefore
if it may pleafe his Majefty to reduce the

prices

302

A fpeech touching the

prices here to the Rates of other of our
Neighbour Countries , there will be
no doubt but the mint will beat as hereto-
fore.

§>ueitiom tobepropojedto the Mer-
chants , Mint-Mailers., and
Gold- Smithes 9 Concerning the
Alteration of the Silver Mo-
nies.

1. VX/Hether the Englifb monies

V V now currant are not as dear
as the Forreign of the "DoJler and Rtall of 8.
in the intrinfick value in the ufuall ex-
changes now made by the merchants be-
yond-Seas?

2. Whether this advancing will not
caufe all the Silver-Bullion, that might be
tranfported in matte or Forreign coin, to
be minted with the King's ftampe beyond-
fea5 and fo tranlported 5 and his Mint
thereby fet Iefie on worke then now >

3. Whether the advancing theSiver-
coine in England will not caufe a tranfc
portation of moft of that that is now
currant to be minted in the Netherlands 3
and from them brought back again3where-
by his Majt ftie's mint will faile by the ex-
ported benefic?

4. Whethet the advancing the Silver
coine , if it produce the former efFe£bj
will not caufe the Markets tobcunfur-

nilhed

Alteration of Coyne. 303

nifhed of prefent coine to drive the ex-
change, when mod of the old will be ufed
in Bullion?

5. Whether the higher we raife the
Goyne at home, we make not thereby
our Commodities beyond-fca the cheap-
err

6. Whether the greateft profit by this
€nhauncing.will not grow to the ill mem-
bers of the State, that have formerly cul-
led the weightieft pceces, and fold them
to the ftranger-Mcrchants to be tranfport-
ed>

Certain General! Ruler colleffed
€<mcerning Money and Bullion^
cut of the late Confutation at
Court

GOld aud Silver have a twofold efti-
mation: In theExtrinfick, as they
are monies, they are the Princes meafures
given to his people, & this is a Prerogative
of Kings : In the Intrinfick they are
Commodities,vaIuing each other accord-
ing to the Plenty or Scarcity ; and fo
all other Comstfodiths by them 5 And
that is the fole power of Trade.

The meafures in a Kingdome ought to
beconftant: It is the Juftice and Honour
ot th? King: for if they be altered, all
men at that inftant are deceived in their
precedent contracts, either for Lands cr
money, and the Kingmoftofall : for no

man

304 A Speech touching the

man knoweth then, either what he hath
or what heoweth.
1573- 1 This made the Lord Treafurer i&rte/g&

in 73. . when fome Projt&ors had let on
foot a matter of this nature* tocdl them,
that they were worthy tofuffer death for
attempting to put fo great a difhonour on
the Queen, and detriment and difconJtent
upon the People. For, to alter this pub-
lique meafure, is to leave all the Markets
of the Kingdome unfurnimed ; and what
will be the mifchief, the Proclamations
$.EJw.6. Gf ^.Edmrdi 6. 3. MarU and 4. Elizabeth^
3 MEliz* will manifeft; when but a Rumor of the
like produced that efTec"t fo farr, that be-
fides the faith of the Princes to the contra-
ry delivered in their Edifts, they were in-
forced to caufe the Magistrates in every
(hire refpe&ively to conftrain the people
to furnim the Markets to prevent a mud*
ny.

To make this meafure then , at this
time (hortj, is to raife all prizes, or to
turn the money or tneafiire now currant
into difife and Bullion:forwho will depart
with any ,when it is richer by feven in the
hundred in the mafle, then the new mo-
nies ; and yet of no more value in the Mar-
ket?

Hence of neceflity, it muft follow, that
there will not in a long time be fufficient
minted of the new to drive the exchange
of the Kingdome, and fo all Tr^de at one
indent at a (land; and in the mean time

the

Alteration ofCvine. 3°5

the Markets unfurniftied : Which how ic
may concern the quiet of the State,is woo_
thy care. r

And thus far as money U n mcafure.
Now, as ic is a Commodity, it is refpstt'*
cd and valued by the incrinfick quality.
And fifft the one metall to the other.

All commodities are prized by Plenty
or fcarcity, by dearneffe or cheapneffe, the
one by the other: If then wedefirc our
Silver to buy Gold, as it late hath done$
we muft let it be the cheaper, and lefle in
proportion valued j and fo contrary ; for
one equivalent proportion in both will
bring in neither. We fee the proof there-
of by theunufual quantity of GWbrought
lately to the Mint by reafon of the price;
for we rate it above<a!l other Countries^
and Gold may be bough t.too dear. To
furnifh then this way the mint with both,
is altogether impoffible.

And at this time ic was apparently pro-
ved, both by the heft Artifts and Merchants
moft acquainted with the Excbangejn both
the examples of the Mint- mafters, in the
Rex VoUar and Real! of Eight, That Silver
here is of equal value5and Gold above,wkh
the forreigne parts in the incrinfick ; and
that the fallacy prefented to the Lords by
the Mint-MafterS) is only in the nomination
or extrinfick quality.

But if we defirc both, it is not railing
of the value that doth it; but the balhfin^
of trade: for buy we in more then we
X fell

A Speech touching the

fell ot other Commodities, be che money ne-
ver Co high prized, we muft part with it
to make the difproportion even ; If we fell
more then webuy,the contrary will/eftw:

And this is plain in S$aine*s neceftities :
For (hould that King advance to a double
rate his Keall of 8. yet needing, by reafon
of the barrenneffe of his Countrey, more
of Forreign Wares then he can countervail
by Exchange with his own, hemuftpart
with his money , and gaineth no more
by enhauncing his Coin, but that he pay-
eth a higher price for the Commodities he
buyeth; if his work of railing be his own.
But if we (hall make improvement of Gold
and Silver, being the ftaplc Commodity of his
State 5 we then advancing the price of his,
a6a(e to him our own Commodities.

To fhape this Kingdom e to the fa(hion
of the Netherlander were to frame a Royal
Monarch by a Society of Merchants, Their
Countrey is a continual Faire, and fo the
price of Money mud rife and fall to fit
their occarions. We fee this by raifing
the Exchange at Franckford and other places
at the ufual times of their Marts.

The frequent and daily change in the
low Countries of their monies,is no fuch
injuftice to any therejas it would be here.
For being all either Mechanicks or Mer-
chants , they can rate accordingly their
labours or their wares, whether it be coin
or other Merchandifc, to the prefent con-
dition of their own money in Exchange.

And

Alteration of Coyne.

307

And our Englijb Merchants, to whole
jprofeflion it properly belongs, do fo, ac-
cording to the juft intrinfick value of their
Forreign coine, in all barter of Commo-
dities, or Exchange, except at Ufahce;
Which we, that are ruled and tyed by the
extrinfak meaiqre of monies , in all our
conOant Reckoning? and Annual bargains
at home, cannot do.

And for us then to raife otircoineat
this time to equal their proportion!, were
but to render our felves to a perpetual in*
certainty : for they will raife upon us
daily then again ; which if we of courfe
fliould follow, clfe receive no profit by
this prefent change, we then deftroy the
PoZ/cy, JufticetHonpur aiidTranquitljty of our
State at hom e for ever.

THE

DANGER

WHEREIN THIS

KINGDOME

NOW

STANDETH,

AND THE

REMEDY.

Written by Sir Rob. Cotton
Knight and Baronet.

L O N D O N,

Printed in the year 1 6 5 1.

T HE

DANGER

Wherein this Kingdomenow ftand-
cth, and the

RE M E D I E.

S foon as the houfe of Aii-
jlrifl had incorporated it felf
intot'ie houle of Spaine ,
and by their new Tifcwe-
ries gotten to themfclves
the Wealth of the Indies ;
they began to affeft , and have ever fince
purfued a fifth Monarchy.

The Empev gut Charles would firft have
laid the foundation thereof in Italy , by
(urprizing Rome. But from this he was
thruft by the force and refpeft of Religion 3
Henrj the 8. being made Cafut federit a-
gainft him.

He then attempted it in High-Germany,
pra&ifing ( by Faftion and Force ) to
reduce thofe petty States to his abfolute
power. In this Henry the 8* againe pre-
vented him, by tying the Lutheran Princes
under his confederacy and afliftance.

His Sonne, the fecond Thilip , purfued
the fame Ambition in the Nether** Gar many ,
X 3 by

3 1 o The Danger wherein this Kingdom

by redu&ion whereof he intended to
make his way further into the other, This

the late <gueent of England interrupted , by
fiding wjch the affli&d people on the one
part, and making her felfe Head of the
Floteftirt League With die Princes\o|i the
other fide 5 drawing ic^ as a (ecra of
State, the Countenance of France, to give
the more reputation and Afliftance to
theft, and Security qo it felfe.

Spaine feeing hisliopes thus frditlefleby
thefe Unions and Heights, began nrll, to
break,(if he might) the Amity of France
and England: But finding the Common
danger to be as faft a Tyfc, he raifeth up a
party in that Ktngdome of his own , by
the which the FnncbKlns, wasfo diftrefled,
that had not the Etfg/i/fr Councel and Aflift-
ance releeved him , Spaint hud there re-
moved that next and greateft obttacle of
his ambition.

His Councel now tells him, from thefe
exampl s, that the way to his great work
is impaffablc fo long as England I'm a let in
to his way; and advifeth him, that the
remove of that obftacle be the firft of his
intents. This drew on thofc often ftcret
practices againft the pcrfon of the late
Qjeene, and his open fury in 88. againft
the Body of the State: For which, (he (fol-
lowing the advice of a fret Councel J will
never after admit of Peace,winning there-
by thchearts ofaloving people, who e-
V*r found hands and money for all occafi*

ons

notejiandcthy and the Remedy. 3 1 a

onsat hoTie^ and keeping facredly her
Alliances abroad/ecu red her confederates,
all her time4in freed$me from fear of Spani(h
flavery; And (b ended her old and happy
daies in great Glory.

Spaine then, by the Wifdome and power
of that greatLrfd^difpoiled fo of his meant
to hurt, though not of his delire, makes
up, with her peaceful Succeffor of happy
memory, the Golden League , that(dif*
arming us at home by opinion of Securi-
ty,and giving them a power in our Coun-
cel by beleeving their friend- Ihip-and pre-
tended Marriage ) gave them way to che-
ri(h amons ft us a party of their owne, and
(bereaft of power abroad) to lcade in jea-
loufie, and fowe a diviiioa betweene us
and our confederates by which (we fee)
they have fwallowed up the fortune of
our Matter s brother , with the reft of
the Imperial! States, diPrefled the King
o£ Denmark? by that quarrel ; diverted
Sweden's Affiftance by the wars with the
Pole, and moving of him now with the
offer of the Danijb Growne : And now
f whether from the Plot; or our Fatality )
it hath caft fuch a Bone between France and
us, as hath gotten themfelves ( by our
quarreljof Religion) a faft confederate, &
us a dangerous enemy: So that now we are
left mo other Aflurance againft their Ma-
lice and Ambition, but the Nether- Unds ;
where theTie of mutual fafety is weakened
by dayly difcontents bred and fed between
X 4 us

£12 The Danger wherein this Kingdom

us irom fome il-atfetted to both our S«cu- i

rides ; that from the doubtfulneffe of i

friend- (hip as now we ftand, we may ra- J

there xpeft from our own domeftick fj&i- i

on, it they grow too furious, they will t

rather follow the exi r pie of Heme in her r

£rowing;that held ic equally fafe, honor- t

able 3 and more eaiie , date Kegem then ll

fabjugare Trwinciams confi iering the pow- ll

er they have in their hands^ then to give ti

any friendly Afliftance to ferve the preienfe | ii

condition of our State. You may fee F
therefore in what terms we ftand abroad;

and f feare mc\ at home , for reftftance t

in no better State. i

There muftbe3«:o wkhftand a Forreign I i

Invafion,a prop onion both of Sea and Land- I

forces-, for to give an enemy an cafie pad !

fage, and a port ro rejeeve him in, is no ' fi

■leiTethen tohazirdall at oneflake. And ! t
ac is to be conlrderedj that no march by

landman be of that fpeed, to make head A

againft the landing of an enemv, nor no fi

fbctrprevenrion as to be Mr. of the Sea,To -p

tMi point of nectfTary defence^ there can ti

be no leffe then 240000. 1. j

For the land-forces; If it were for'an jj

OrTenfive warre3 the men of lefTe iiveli- j «

hood were tbe beft /pared , and were ufe4 j li

formerly to make fach warre, furganunto f

'K ti\u!lk£., if wc made wo further pu rch 2 fe I

by i,t. But for fafety of a Com mon- wealth, n

she Wifdom of all time^did never inrereft i

iht public] le caufe to any other then fucii \

as

novo Slaudetb9 and the Remedy. 315

^ as had a portion in the publique adventure.
E of And that we faw in88. when the eare ofrbt
i Queene and Ccunce^ did mak<e the body of that
Si- large Army ^no other then of trained bands,which
'ill f with the Auxiliaries of the whole Realm, a-
to mounted to no lefle then 24000.men.Nei-
^ ther were any of tbofe drawn out from forth
in their Countries, and proper habitations before
»• the end ofMay9tbat there might be m long aggrie-
vance to the publique •> fuch difcontenimems be-
•ot ing ever to us a more fatal! Enemy then any
ee Forr eigne force.

i\ : The careful dijiribution and dheffion of
« the Sea and Land- forces* being more fitting
1 forzCouncelofWarre then a private Man to
d advife of, 1 pane over 5 yet (hall ever be
- t willing and ready( when I (hall be called)
humbly to $fer Up fuch obfervations, as I have
) formerly gathered by the former like occaftons of
I t this Realme.

to ma\e up this preparationjhere are requiftte
i Wo things-Money and affe&iens ;/ or the) cannot be
) properly fevered.lt wot well & wijetyjaid>by that
\ great and grave CounceUor the Lord Burleigh in
1 the like caje to the late Queen : Win hearts and
you may h(<ve their hands and purjes: And Ifinde
of late} that diffidence having been a defeel in the
■ one* it bath unhappily produced the other*
In gathering then of money for this pre-
(ent. need, there are required three, things:
Speed, Ajfurance, and S atisfa&ion* And the
way to gather (as others in the like cafes
have done) muft be by that path, which
! hath been formerly cajled ViaBcgia^ be-
ing

t

314 TbeD*ngerv>hereinthk Kingdome

ing more fecure and fpeedy; For , by un»
knowneand untroden wayes, it is both
rough and tedious, and feldomc fuccced-
eth well# ThisJaft way,ai though it took
place as it were by a fupply at firft,and
received no general denial ; yet fince
it hath drawne many to confider with
t hemfel ves and others of the Confequence*
and is now conceived apreflure on their
liberties and againft law ; I much fear, if
now againe it be offered, either in the fame
face, or by Privy Scale, it will be refufed
wholly. Neither finde I that the reflxaint
of thofe Recufants hath produced any o*
thereffeftthenaftifferefolution in them
and others to forbeare. Befides, though it
went at the fir jl with fome ajfurance^ yet when we
confider the C9mmifftons and other former inci-
dent to jmh like fervices, as that how long it
bangs in bandy and bow many delaies there were,
wee may tafityfee^ tbatfucb ajumme by farliz-
ment granted, is jam {omt and more eafilyga*
tbered.

If any will make the fucctfles of tunesto
produce an inevitable neceflky to enforce
it; denied (whether in general by excife
I or impofition,or in particular upon fome
felcft perfonsf which is the cuftomeof fome
Cuontries (and fo conclude it f as there J
for the fuhlique State, Skfreama lege)he muft
look for this to be told him : That feeing
neceflity muft conclude aiwayes to gather
money , as leffe fpeedy or affured then that
fopra&ifed ( which canmt be fitter then by

Parliament)

nowfiandeth^ and the Remedy 315

Parliament jche fucceffe attcndeth the hu-
mors of the heedleffe multitude, chat arc
full of jealoufic and diftruftj and Cq unlike
to comply to any unufual courfe of Levy,
but by force ; Which it uted, the effeft is
fearful, and hath been fatal to the State 5
whereas that by Parliament reaeth prin-
cipally on the regall perfon, who may
with eafe and fafety mould them to his fit
defire, by a gracious yeelding to their juft
Petitions.

Ifa Parliament then be the mod freed),
affuredy and [afe wa)\it is fit toconceive,whac
is the fafeft way to ad and works it to
the prefent need.

Firft, for the time of the ufual Sum-
mons, reputed to be 40. dayes3 to be too
large for the prefent neceflity ; ic may be
by dating the Writ leflened 5 fince it is no
pofitive law j fo that a care be had that
there may be one County day, after the
SherifTe hath received the Writ before the
time of fitting-

If then the futnme to be levyed be once
agreed of, for the time there may be in
the body of the Gram an ajjtgnment made
to the Knights of every County refpe&ively,
who(undcr fuch Ajjurance J may fafely give
Security proportionable to the Receipts, to
fuch as (hall in prefent -advance for the Fub-
lick fervice any [urns ottnone).

The laft and weightieft confederation (if
a Farliament be tkuoghtfit) is; how to remove
or cornel) the deferences between the King and

3 1 6 ibe Danger wherein this Kingdome

1 "■■ ■ ' ' ' ' ' 1 ■ ■ — * — •

Subjett in ibeir mutual demands . And whatl g
have learned amongft the better fort of the | f
Multitude, I will freely declare ; that your «
Lordfbips may be the wore inabled to remove li
and dw/wer tbofe diftruftsy that either c«»ccm | if
Religion , Tublicl^jafety ef 'the King and State,
or the juft liberties of the Common- JVealth. \ $

For Religion^* matter that they lay near* j if
eft to their conscience ) they are lead by this ! |
ground of jealoufie to doubt fome praclife againflit. \ fn

Firfi, for that the Sfanifh match, wi)icb was
brokfn by the gratefullnduflry of my Lord of Bucks i i
ing.wt of bit Religious carets be there declares} \ p
that the Articles there demanded might hade in ft
fome fucb fufferauceas might endanger the quiet, c
if not the State of tbe reformed Religion here : j p
Tel there have ( when he was an AUor prinufaH I
in rbe Conditions with France} as bard, if net
worfc( t& the prefervation of our Religion) faffed J
then tbofe wit!) Spain, And the fufpetl is jlrength. p
ened by the clofe keepiug of this Agreement in 0
that point there concluded. S\

It is no leffe an Argument ofdeubt to them of \
bis Ajfeclions, in that his Mother, and others, \ ^
many of his Minivers of neer imphyment about ff(
him, are fo affefted. jj

They talk much of his advancing men ; t(
Tapijiically devoted; fome placed in the |,'
campe, of neareft fervice and chief Com- h
mand: And that the Recufants have got- j,
ten, thefe late years, by his power,more ; t
of courage and aflbrancc then before* If
to clear thefe doubts ( which perhaps are ^
worfe in fancy then in truth ) he took a j„

good

novpftandetb, and the Remedy. 3 *7

good courfc, it might much advance the
«fa Publique fervice, againft thok fqueymifb te-
11 mMri that have more violent faffron then jit-
w*» led Judgement*, and are not the leaft of the
iff oftte number \n the Common- Wealth.

the next is , Tfte /^ire misfortunes and lofles
ofMen9 Munition, and honour in our late Un-
dertakings abroad: Which the mere temperate
faint* impute to want of Councell, and the more
fublime wits to praclife.

They begin with the Palatinate, and by
the fault of the loffe there, on the improved
credit of Gondomar, diftrufting him for the*
flaying of fupplies to Sir Horace Fere,whcn
ColoneH CeciU was caft onthatimployment, by
which the King of Spain became Mafier of the
King's Children s Inheritance.

And when Count-Mansfield had a Royall
Supply of Forces, to affift the Princes of our
part ,for the Recovery thereof; either plot
or error defeated the Enterprize from Us, to
Spaim great advantage.

That Sir Robert Mansfield's expedition
to Algiers , fhould purchafe only the
fecurity and guard of the Spanifh Coajts. To
fpend fo many hundred tboufand pounds in
the Cales Vo)agey againft the advife of Par-
liament, onely to warn the King of Spain to
be in a readineffe, & fo to weaken our felves
is taken forfuch; afigneof ill affecYion
to him, amongft the multitude.

The fpending of fo much Munition, Vi-
fiuatls, and Money in my Lord Willougbbie's
journey ) is conceived an Vnthrifty Error in

the

3 1 8 The Danger wherein tbk Kingdom

the Vire&or of it to difar me ourfelvcs in
fruitlejfe Voyages^my^ to (ome (over-curioto J
feema a flot of danger, to turn the quarrel of
Sfdin (jour antient Emmy)thtt the Parliament
fetitioned and gave fuf ply tofupport, upon
our Ally of France : and foon*lter,a new &
happy Ty gave much talk that we were not
fo doubtful of Spaine as many wi(h 5 fince
It was held, not long ago a fundamental
Ruk of Their Security and Ours, by the old
Lord Treajurer Burleigh: That nothing can
prevent the Sfamfh Monarchy * but a faftnes
<bf the two Pr/wcej3whofe Amity gave coun-
tenance and courage to theNetherlands and
Gemain f rimes to make head againft his
Ambition, And we fee, by tbii dif- union
a fearful defeat hath happened to Denmark^
and that party, to the great advantage of
the Austrian Family,

And thus farr of the Waftc of publique
Trcafure in fruuleffe Expeditions : An
important caufe to hinder any new fupply
in Parliament. Another fear that may dif*
turb the fmooth and fpeedy paffage of the
King's deures in Parliament ,is the late wafte
of the King's Lively-food 5 Whereby is like
(as in former times Jto arife this Jealoufy
and fear 3 That when he hath not of bis own to
fuf fort bit ordinary charge ( for which the Lands
of the Grown were fetled unalterable, and called
Sacrum PatrimoniumPrincifiiybat then be mujl
of necefpty reft on thofc Affifianccs of the People
which ever were onely col tilled and cmfignedfor
the Commn+Wtaltb* From hence it U Uk?9

there

now (tdndeth) 4»d the Remedy.

there will be no great labour orftifneffh to induce
his Majefl) to an c& of Refumption, fincc fuch
defires of the State have found an eafy w ay
in the will of all the Princes from the third
Henry to the laft. But that which is like
to paffe deeper into their difputes and
care, is the late preflures they fuppofe to
have been done upon the publique libertie
8c freedom of the Subjeft, in commanding
theirGoods without aflcnt by Parliament,
confining their perfons without eipecial
caufe declared $ and that made good a-
, gaiuft them by the Judges lately; and pre-
tending a Writ to command their attend-
ance in a Forrcigne Warre. All which
they are likely to enforce, as repugnant
to many pofitive lawes, and Cuflomary
Immunities of this Common* Wealth.

And thefe dangerous diftrufls, to the
people arc not a little improved by this
un- exemplified courfe fas they conceive )
of retaining an Inland Army in Winter*
feafon,when former times of greateft fear,
as 88. produced no fuch ;and makes them
( in their diftra&ed fears ) to conjc&urc
( idly ) it was raifed wholly tofabvert
their fortunes to the will of power 5more
then or Lawj and fo make good fome fur-
ther breaches upon their liberties and free-
domes at home, rather then defend us
from any force abroad.

How farr fuch Jealouftes, if they meet
with an unufual diforder of lawk lie Soul-
diers, or an apt diftemper of the Ioole and

needy

7he Danger wherein thk Kingdom

needy multitude, which will cafily turn
away upon any occafionin the State that
they can fide withal,to a glorious pretence
of Religion and publique farcty, when
their true intent will be oiiely Rapine o£
the rich, and Ruin of ail, is worthy a
provident and preventing care.

I have thus farrecelivered ( with that
freedome you pleafed to admit ) fach dif*
faculties as I have taken up amongftthe
multitude, asmayarrefty if not remove
Impediments to any fpeedy fupply in Par-
liament at this time. Which how to faci-
litate, may better become the care of your
Lordfibips fudgement«9then my Ignorance*
Only I could wifli, that to remove away a
perfonall diftafte of my Lord of Buckbinbam
amongft the Peopie,he might be pleafedCif there
be a neceffity of Parliament) to appear a fir ft Ad-
vijer tbereuntozand what [atisfatlion it fba'Jpleafe
bii Majefty, of grace, to give at fucb time to bis
People C which Iwifb to be grounded by Prefident
of bis be ft and mofifortunateProgemtors>&. which
J conceive will largely fatify the- de fires and hopes
of aO) If it may appear in fome fort to be drawn
down from him to the People, by the zealous care
&ind*flry that my L.vfBuck^baih of the public^
unity and content-, by which there is no doubt that
he may remain, not only fecurefrom any further
quarrel with tbemjut merit an happy memery a-
mongfltbem of a zealous Patriot. For to expiate
the Paffm of the people at jucb time with Jacrifice
of any bis Majeflies Servants, I bave ever found
it (as in E.the fc&dfc z.and H.6.)n$ leffe fa-
Ul to the Mafier, then the AMniffer in the end.

VALOUR

ANATOMIZED

IN A

FANCIE;

By Sir Philip Sidney.
I 5 8 1.

LONDON,
Printed in the year idji.

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V ALOVR

ANATOMIZED

IN A

FA N CIE.

Alour towards Men i is
an Emblem of Ability ,
towards Women , a
Good quality fignify-
ing a better. Nothing
draws a Woman like to
it. Nothing is more
behovefult for that Sex: lor from it they
receive Protection,and in a free way too,
without any danger. Nothing makes a
fhorter cut to obtainin g : for a Man of
Arms is alwaies void of Ceremony, which
is the Wall that ftands betwixt Piramtu
and Th%sby , that is Man , and Woman :
For there is no Pride in Women
but that which rebounds from our own
Bafenefs(as Cowards grow Valiant upon
thofe that are more cowards ) So that
only by our pale asking we teach them
to deny ; and by our (hamefae'dnefle wc
put them in mind to be modeft. Whereas
indeed it is cunning Rhetorique to per-
fwade the hearers that they are that al-
ready which the world would have them
Ya to

324 Valtur Aa&tQmiz,td^ &c%

to be. This kind of Balhfullneffc is farre
from Men of valorors difpoiition , and
efpecially from Souldiers : for fuch are
ever Men ( without doubt ) forward and
Confident, lofing no time left they
(hou!d lofe Opportunity , which is the
beft Fa&or for a Lover.And becaufe they
know Women are given to difleble, they
will never believe them when they deny.
Certainely before this age of Wit and
wearing Black brake in upon us , there
was no way known to win a Lady , but
by Tilting , Turneying , and Riding to
feeke Adventures through dangerous
Forrefts;In which time thefe /lender
Striplings with little Legs were held but
of Strength enough to marry their Wid-
dowes. And even in our ciayes, there
can be given no reafon of the inundation
of Servingmen upon their Miftreffes, but
only that ufually they carry their Mafters
Weapons, and their Valour. To be ac-
counted handfome , juft , learned , and
well favoured , all this carries no danger
with it. But it is better to be admitted to
the title of Valiant ads: at leaft that im-
ports the venturing of Mortality ; and all
Women delight to hold him fafe in their
Arms who hath efcaped thither through
many dangers. To fpeak at once ; Man
hath a Privile ge in Valour. In Cloathes
and good Faces we do but imitate Wo-
men; and many of that Sex will not
think much ( as far as an anfwer goes )

to

Vakur Anatomized^ 525

to diffemble Wit too. So then thefe neat
Youths,thefe Women in Mens Apparrell,
are too near a Woman to be beloved of
herjtheybebothofaTrade, but be of
grim afped , and fuch a one a iaflfe dares
take, and will defire him forNewneffe
and Variety. A Scar in a Mans face, is the
fame that a Mole is in a Womans , and a
Mole in aWomans is a jewel fet inWhite,
tomakeitfeem more white. So a Scar
in a Man is a marke of honour , and no
blemifli; for tis a Scar and a Blemifli in
a Souldier to be without one. Now as
for all things elfe which are to procure
love , as a good Face , Wit , Cioathes \
or a good Body ; each of them (I mnft
ne eds fay ) workes fomewhat for want
of a better ; that is , if Valour corrive
not therewith. A good Face avayleth no-
thing; if it be on a Coward that is bafti-
full , the utmoft of it is to be kift 9 which
rather increafeth than quencheth Appe-
tite. He that fendeth her Gifts, fends
her word alfo, that he is a Man of fmall
Gifts otherwife: for wooing by fignes
and tokens implies the Author dumbe.
And if Ovid (who writ the Law of Love)
were alive, as he is extant , and would
allow it as a good diverfity ; then Gifts
fhould be fent as Gratuities, not as
Bribes . and Wit would rather get pro-
mife than Love. Wit is not to be feene ,
and no Woman takes advice of any in her
Loving, but of her own Eyes, or her
Y 3 Wayting

Valour Aaatomifed} &c.

Wayting W omans: nay, which is worfe ,
Wit is not to be felt , and fo no good
Bedfellow. Wit applied to a Woman
makes her diffolve her fimperings , and
difcover her Teeth with Laughter ; and
this is furely a Purge for Love : for the
beginning and originall of Love is a kind
of foo lifh Melancholy. As for the Man
that makes his Taylor his Bawde , and
hopes to inveagle his Love with fuch a
coloured Suite , furely the fame man
deeply hazzards the loffe of her Favour
upon every Change of his Cloathes. Soe
likewife the other that Courts her filent-
ly with a good Body , let me tell him
that his cloathes ftand allwaies betwixt
his Miftri* eye and him.The Comlynefle
of Cloathes depends upon the Comlinefs
of the Body, and fo Both upon Opinion.
She that hath been feduced by Apparrell,
let me give her to weete , that men all-
wayes put off their Cloathes before they
go to bed 5 and let her that hath been
inamored of her Servants Body under-
ftand, that ifShefaw him in a skin of
death ( that is , in a fuite made to the
pr.uern of his Body ) (he would di fcern
(lender caufr to Love him ever after.
T : :r are no Cloaths fit fo wel in aWo-
mans eye,ns a Suite of Steele, though not
of the fashion: and no man fo foon f»r-
pnferii a Womans Affections , as he that
is the fubjed of VVhifperings , and hath
allwaies fome 20 ftoricsofhis ownAt-

chieve-

I

Valour Anntomiztd^ df. j 2 7

chievement* depending upon him. Mt-
ftakemenot,Iunderflandnotby Valour
one that never fights but when he i$
backt by Drink or Anger , pr h ifled o n
by Beholders; nor one that is defperate ,
nor one that takes away a Servingraans
Weapons \ when perhaps they coft him
his quarters wages ; nor one that weirs
aprivy Coat of defence , and therein is
Confident : for then fuch as make Buck-
lers would be accounted the very fcqm of
the Common-wealth. I intend one of an
evcnRefolution, grounded upon Reafon,
which is aJIwaies even; having his Power
reftrayned by the Law of \ not doing
Wrong.

FAint Amorift: what, do'ft thou think
To taft Loves Honey , and not drink
One dram of Gall? or to devour

A world of fweet, and taft no four ?
Do'ft thou ever think to enter
Th* Elifian fields that dar'ft not venture
In Charons Barge? a Lovers jaind
Muftufeto fayle with every wind.

He

He that loves, and fears to try ,

Learns his Miftris to deny.
Doth fhe chide thee> 'tis to ihew k ,

That thy Coldnefs makes her dp it;
Is (he file nt? is (he rriu te?

Silence fully grants thy Sute $
Doth Ihe pout, and leave the room?

Then ftie goes to bid thee come^
Is (he fick ? why then be fure ,

She invites thee to the cure jj
Doth fhe crofs thy fute with No >

Tufti, (he f oves to hear thee wob;
Doth fhe call the faith of man

In queftion? Nay/uds-foot, (he loves
thee than j
And if e*re (he make a blot ,

She's loft if that thou hit'ft her not.
He that after ten deniaiis,

Dares attempt no farther tryals,
Hath no warrant to acquire

The Dainties of his Chaft defire.

Thilip Sidney.

Sir

Sir Francis W^alfngbam's

ANATOMIZING

r Hone/ly,
Of 3 Ambition, and
Fortitude,

Written in the year 1590,

LONJ)OX,

Printed in the yeare

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Sir Francis Walfinghams

ANATOMIZING

Of < iiwww^and
Fortitude.

Hat it is dire&ly that I
wii write,I know not.For,
as my thoughts have ne-
ver dwelt long upon one
thing; and fo my Mind
hath been filled with the
Imagination of things of a different na-
ture : So there is a neceflity that this Of-
fpring of fo un-compofed a Parent muft
be mifhaped, anfwerable to the Originall
from whence it is derived. Somewhat I am
xefolved to write,of fome Vertues,& fome
Vices , and fome indifferent things. For ,
knowing tha: a Mans life is a perpetual!
Adion , which every moment is under one
of thefe three heads ; my Imaginations
have ever chiefly tended to find out the
Natures of thefe things, that I might, ( as
much as my Frailty (the infeparable com-
panion of Mans nature ) would give me

leave )

33* Sir Francis Walfingham's

leave) weare out this Garment of my Bo-
dy , with as little Inconvenience to my
Souleaslcould , and play this game of
Converfation ( in which every one ( as- '
long as he lives) makes one) with the re-
putation of a fair Gamfter, rather than of
a cunning one.

Andfirftlwitt write of Honefty; not
in its generall fenfe (in which it compre-
hends all Morall Vertues) but in that par-
ticular in which(according to our phrafe)
it denominates an Honeft man.

Honefty is a quiet pafling over the days
of a mans life,without doing Injury to ano
ther man.

There is required in an Honeft man, not
fo much to doe every thing as he would
be done unto, as to forbear any thing that
he would not be content to furYer ; For
theEffence of Honefty confiftsin forbea-
ring to doe ill : And to good Ads is a
properPaftion, and no Enentiall part of
Honefty. AsChaftity is the Honefty of
Women , fo Honefty is the Chaftity of
Men. Either of them once impaired is
irrecoverable. For a Woman that hath
loft her Maidenhead,may as eafily recover
it, as a Man that hath once taken liberty
of being a Knave can be reftored to the ti-
tle of an Honeft Man. For Honefty doth
not confift in the doing of one, or one
thoufand a&s never fo w ell ; but in fpin-
ning on the delicate thredds of life, though
not exceeding Fine, yet free from Bracks.

and

[k

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Anatomizing of H one fly. g 3

and Staines. We doe not call him an
Honeft man but a Worthy man , that
doth brave eminent A&s: But we give him
the title of an Honeft man , of whom no
man can truly report any ill.

The molt eminent part of Honefty is
Trnth . not in Words (though that be ne-
ceflarily required) but in the Courfe of
his life ; in his Profefiion of Friendfhip ;
in his Promife of Rewards and Benefits to
% thofe that depend upon him ; and grate-
full acknowledging thofe good turns that
he receives from any man.

The greateft Oppolite to Honefty is
Falftiood ; and as that is commonly wai-
ted upon with Cunning & Diflimulation,
fo is Honefty with Difcretion andAffu-
rance.

It is true that Cuftome makes fome appa-
rently falfe; fome through Impudence,
and too much u(e; and other fome for
want of Difcretion , which if they had
had, fhould have been employed in Cove-
ring it. And there be fome in whom
(though it be impoftible Honefty fhould
be a Fault in Society) their indifcreet ma-
naging of it, makes it holden for a thing
thats merely a Vice, a wonderfull trouble-
fome Companion.

An Honeft man is as neer an "Aptitude
to become a Friend, as Gold is to become
Coyn:he,will melt with good Offices well
done, and will eafily take the ftampe of
trueFriendihip ; and having once taken

iiy;
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334 Sir Francis Walfinghams

tt, though it may be bended and bruifed ,
yet ftill will keep his ftamp clean without
Ruft or Canker, and is not afhamed to be
enclofed in it, but is contented to have all
his glory feen through it onely.

It is of it felf a Competent Eftate of
Vertue, able to fupply all neceflary parts
of it to a Mans own particular; and a
Man that is born to it, may raife himfelf
to an eminency in all Vertues ; though
of it felf it will eot furnifti a Man with
the abilities of doing any glorious thing.
It is pity that Honeffy (hould be abftrad-
ed from the luftre of all other Vertues.
But if there be fuch an Honefty , the fit-
ted Seat for it is the Countrey , where
there will be little need of any greater
Ability, and it will be leaft fubjed to Cor-
ruption. And therefore, fince it is the
Foundation upon which a man may build
that part of his life which refpe&sConver-
fation,- he that builds upon it (let his acti-
ons be never fo mean ) (hall be fure of a
good) though not of a great Reputa-
tion ; whereas letting it perifti , let the
reft of the Building of his life be never fo
eminent, it will ferve but to make the
ruine of his good Name more notori-
ous.

Of

Anatomising of Ambition.

335

Of Ambition^

LOve, Honour ,and Praifeare the grea-
teft Bleffings of this world : All other
Contents reflect primarily upon the Body;
andpleafethe Soule onely becaufe they
pleafe fome one or more Senfes. But
thofe therefore only delight the Senfes,
becaufe the Soule by difcourfe was firft
pleafedwith them. For in it felf there
is more Mufick in a railing Song,thruft up-
on a good Ayre, than in the confufed Ap-
plaufe of the Multitude. But becaufe the
Soul ,by Difcourfe,fmds this Clamor to be
an argument of the Eftimation which
thofe that fo Commend it have of it , it
likes it felfe better , and rejoyceth the
more in it felf,becaufe it fees other men va-
lue it. For there are two wayes of pro-
ving; the one by Reafon , and the other
by Witnefs ; but the more excellent Proof
is that of Reafon : For he that can by
Reafon prove any thing to me makes
his knowledge mine , becaufe by the fame
Reafon I am able to prove it to another ;
But if 20. men fhould fwear to me they
faw fuch a thing , which before I did not
beleeve ; it is ttue, I {hould alter mine o-
pinion , not becaufe there appeared any
greater likelihood of the thing 5 but be-
caufe it was unlikely that fo many men
{hould lie: And if I Ihould goe about to
make others of the fame opinion, I could

not

Sir Franci s VValfinghacn's

not doe it, by telling them I knew it, or
I faw it; but all I could fay were, 1 didibe-
lieveic , becaufefuch & fuch men toldme
they faw it.So in the Comfort a man takes
of himfelf (which growes out of the con-
ftderation of how much it felf deferves to
be beloved) avertuous wife fellow will
take enough Comfort and Ioy in himfelfe
(though by Misfortune he is troubled to
carry about with him the worlds 111 Opi-
nion) by difcourfing that he is free from
thofe Slanders that are laid upon him,
and that he hath thofe Sufficiencies and
Vertues which others deny. And on
the contrary fide , he without defer-
ving it ( having the good Fortune to
be efteemed and honoured ) will eaflly j
be drawn to have a good Opinion of
himfelf; as, out of Modefty, iubmitting
his own fteafon to theteflimony of ma-
ny Witneffes.

Ambition, in it felf is no Fault ; but
the moft naturall Commendation of the
Soule, as Beaiuie is of the Bodie. It is I
in Men, as beauty is in Women. For, I
as to be naturally exceeding handfome
is the greateft Commendation of that
Sexe , and that for which they mod
defireto be Commended : So that Am- |
bition by which Men defire Honour
the naturall way ( which confifts in

the root of the moft perfect Commendati^
on that a morall Man is capable o£

doing honourable

Thofe

A/ia omtZting of AmbitUn^ &c,

Thofe onely offend in their Ambition ,
who, out of the earthlinelfe of their minds
dare not afpire to that true Honor which
is t he eftimation of a man,being a« it were
the Temple wherein Vertue is infhrin'd ;
And therefore fettle their minds onely up-
on attaining Titles and Power; which at
the firft were , or at leaft (hould be the
Mark whereby to diftinguifh men accor-
ding to the Rate of their Vertues and fuf-
fkiencies • but are now onely Arguments
of a Mans good Fortune, and effe&s of
the Princes favour.

It is true that Power is a brave addition
to a worthy Man ; but a foole, or a knave
that is powerfull, hath (according to the
degree of his Power) juft that advantage
of a vertuous prudent man, that ddam^
before he fell , had of the Angels that
flood ; an Ability to do more ill.

As for Titles ( which at firft were the
marks of Power, and the Rewards of
Vertue) they arc now ( according to
their name ) but like the Titles of Books,
which (for the moft part) the more glori-
ous things they promife, let a Man nar-
rowly perufethem over,the leffe fubftance
he {hall finde in them. And the wooden
Lord is like the Log% that fupiter gave
the Troggstobe their King; it makes a
great noife ; it prepares an expectation
of great matters ; but when they once
perceived it una&ive, and fenfelefly lying
Hill, the wifer fort orFroggs began to de -
Z fpifc

5 g 8 Sir Francis Walfingham's

fpuek, and (in fine) every young Frog-
ling prefumed to leap up and down upon
it.

Some few there are, who ( left the fpe-
cies ofour ancient worthy Lords (hould
be loft) doe preferve in thenifelves the
will and defire,iirace they want the means,
to doe brave and worthy Ads. And
therefore I fay, let a Man by doing wor-
thy Acts defer ve houour, and though he
doe not attain it, yet he is much a hap-
pier man than he that gets it without
defert. For fuch a man is before hand
with Reputation; and the world ftill
owes him rhat honour which his deferts
cry for, and it hath not paid ; Whereas
that man that hath a great Reputation ,
without deierving is, is behinde hand with <
the world ; and his honour is but lent,not _
pay d; And when the world comes to take loy
accomptof its Applaufe, and finds hisTi- \\h
tie of Merit ( by which he pretends to it )|j|coi
weak and broken , it will recall it's Ap- the
probation, and leave him by fo much the
more a notorious Bankrupt in his good
Name, by how much the Eftimation of
his Wealth that way was the greater.

Oj Fortitude.

FOr a Man to be Compleatly happy
there is required the Perfection of al
Morall Virtues ; And yet this is not e-

nougllfe

Anatomizing of For tit uc e.

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nough. For, Virtues doe rather banifh
Misrortumer, and butftiewus Ioy, than
eltablifh Felicity : Which is not onely
an utter Alienation from all Afrlidion ,
hut an abfelute Fulnefs of Ioy. And
ii nee the Soule of Man is infinitely more
excellent than any thing elfe it can meec
wit hall in this World , nothing upon
Earth can fatisfie it, but in the enjoy-
l ing of the greateft Abundance of ail de-
lights that the moft nimble witted Man
m can frame to himfelf ; For that his Soule
will ftiil Jbave a further Defrre, as unfa-
ttsfied with that it enjoyes. Therefore
kijj the Prefedion of Happinefle confifts in
the Love of God * which is only able to
fill up all the Corners of the Soule with
moft perfect Joy; and Confequentfy to
fixe all its defires upon thofe Celeftiall
Ioyes that (hall never be taken from it*
But this, as it cannot be obtained byDi£-
courfe , but by unfeigned Prayer , and
the Afliftance and Illumination of Gods
Grace So it is not my purpofe to prick
at it* And for that part of Felicity which
is attained to by morall Virtue, I finde
that every Virtue gives a Man Perfecti-
on in fome kinde, and a degree of Feli-
city too : viz.

.flW/?/, gives a Man a good Report *
Jujiicc, Eftimation and Authority ;
Prudence , Refped and Confidence •
Courtepe , and Liberality^ Affedion ,
twand a kinde of Dominion over other
#c§Vlen. Z 2 Tempt-

Sir Fr&nris Walfingham's, &c.
Temperance, Health;

Fortitude, a quiet Mind , not to be
moved by any Adverfity, and a Confi-
dence not to be Circumvented by any dan-
ger.

So that ail other Virtues give a Man but
an outward Happineffe,as receiving their
Reward from others; onely 7 emperancc
doth pretend to make the Body a Stranger
to Paine , both in taking from it the Oc-
calion of Bifeafes , and making the out-
ward Inconveniences of Want, as Hun-
ger and Cold, if not delightfull, at
ieaft fufferable.

A Bricfe

DISCOVRSE

Concerning the Power of die

P E E R E S

AND

COMMONS

PARLIAMENT,

In point of
JUDICATURE.

Written by Sit Robert Cotton, at the requeft
of a Peer of this %EALM.

LONDON;

Printed in the Yeare,
1651.

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iiiliiti st&X 1

A Brief

DISCOVRSE

Concerning the

P O W E R

Of the

PEERS, &o-

!I R, To give you as fhort
! an accomptof yoar de-
fire as I can , I muft
crave leave to lay you ,
as a ground , the frame
or firft model! of this
State.

When, after the period of the Savon
time, Ha,- old had lifted himfelf into the
Royall Seat, the great Men, to whom but
lately he was no more than equall either,
in fortune or power , difdaining this ad
of Arrogancy, called in William, then
Duke of Normandy, a Prince more active
than any in thefe Weflern Parts, and re-
nowned for many Vi&ories he had for-
tunately atchieved. againft the French
Z 4 King

A brief Dtfccuy ft
King , then the moft potent Monarch of

This Duke led along with him to this
workc of Glory, many of the younger
Sonnes of the Deft families of Norm /«-
dy, P tear die, and Flanders ; who as Vn-
dertakers , accompanied the Vnderta-
king of this fortunate Man. The Vfur-
per flaine , and the Crown by War gai-
ned ; To fecure Certaine to his Pofterity
what he had fo fuddeniy gotten, he fha-
red out his purchafe , retaining in each
County a portion to fupport the Dignity
Soveraigne, which was fliled DemenU
Re%nt\ now the antient Demeans ; And
affigning to others his Adventures flic h
portions as fuited to their quality and ex-
pence, retaining to himfelfe dependency
of their perfonall fervice (except fuch
Lands as in free Almes , were the portion
of the Church) thefewere ftiled Bar ones
Regis , the Kings immediate Free hol-
ders ; for the word tiaro imported then
no more.

As the King to thefe, fo thefe to their
followers fub-divided part of their {hares
into Knights Fees-, and their Tenants were
called Buronesj Comitts, or the like ; for
wee finde, as the Kings write in their
Writs, Barouibtu fnis & < rancdis Ang*
lois ; the Soveraigns Gifts, for the moft
part , extending to whole Counties or
Hundreds, au Earl being Lord of the one,
and a Baron of the interiour Donations

to

proving the I ower^ &c . 3

to Lords or Townftiips or Maflnors. As
thus the Land, fo was ail courfe of Judi-
cature divided 5 even from the meaneft to
the higheft portion, each feveraU had his
Court of Law, preferving (till the man-
ner of our Anceftors the Saxons, who mt-
r# per g&fftf reddebant 5 and thefe are ftill
termed Court Barons, or the Freeholders
Court, twelve ufually in number , who
with the Thame or chief Lord were Iudg-
es. The Hundred was next * where the
Hu*dredus or Alderm&ntu , Lord of the
Hundred with the chief Lords or each
Townfnipp within their limits judged.

Gods People obferved this form in the
publique, ( emuriones et Decani judica-
bani y'ebem crnxi temyrre. The County
or venerate vlacitum was the next ; This
was, fo to fupply the defect , or remedie
the Corruption of the Inferiour , Vbi
C wi* Demmorum p-obaittrr dtfecijfe ,
pertin~t ad lricecomitem Provincittrum.
The Iudges here were Com it e<, ^ieecomU
teSy & Bayoncs C(wi?*ttiS qui libera* in
eo terras h abeam.

The laftand fupreme , and proper to
ourqueflion WAS Generate Pl^cttum a-
ypsd Lna fUm -Vmver falls Sjnodus, in Char-
ters of the Conqueror , Capltatls Carta ,
byGlanvile, Maqnwn & Commnne cor.- ;jh. r>, GUii-
filinm (0'~m J^ege & Afagnatibm [nls% vile.
Jn the Rolls of Hen, the third^ it is not
flative, but fummoned by Proclamation •
.E die nur generate pUcitum apud London,

faith

A Irief Difcourfe

faith the Book of A'nngdon^ whither £ -
fifcopt^ Duces , Princi>es^ Sarrapay Retlo-
res^ & Cdufidici ex omni parte eg ft'.'xc-
runt ad iftam Curiam , faith Glanviie,
Caufes were referred loiter aliquant du-
bitationem qt4& emir git in Cqttv s*tu ycttm
Comitate nefcit dijtt&care* Thus did
Ethelwel d Bifhop of fVhrton transfer his
Sute againft Leoftine from theCoun-
J/rh Sanfti a^ generate placit*my in the time of

Etbeidredi King EthdJred : Queen Elgin againft
Mpift. Goda from the County appealed to King

Etheldredat London^ Congregatis Princi
pibus & fafient-bus Anglia* A Sute be-
tween the Bifhops otwimo* and Da -
ham, in the time of Saint Edward^ Coram
Epifcopts & Principibns Regni in pr<efcn-
tia Regis^ ventilata & fi-ita. In the I O
year of the Conqueror, Epifiopi, Cemi-
? tesy & Bar ones Rcgia pot e {late e diverjts

Pravinciis ad univerfalem Synodttm fry
Can Its att di end is & tra&mdis convecati
faith the book Q<tWcftminftery and this
continued al along in the fucceding kings
Raigns untiil towards the end of Henry
the third.

As this great Court or Councell con-
lifting of the King and Barons „ ruled the
great affairs of State, and controlled all
inferiour Courts , fo were there certaine
Officers , whofe tranfeendent power
feemed to be fet to bound in the execute
on of Princes wills; as the Steward .
Conftable , and Marftiail , fixed upon

Families

proving the Powtryyc. 347

Families in Fee for many Ages : They as
Tribunes of the People , or Ephori a-
mongft the Athenians , grown by an
unmannerly Carriage , fearfull to Mo-
narchy fell at the feet and mercy of the
King , when the daring Earl of Leafier
was flaln at Eve {bum. This Chance ,
and the deare experience Henry the third
himfelf had made at the Parliament at
Oxfirdinthe 40 yeare of his Raigne,
and the memory of the many (freights
his Father was driven unto , efpecially at
ifcttHj-ws^near brought this K.

wifely to begin what his Succeffors fortu-
nately fintilied, inlefsning theftrength
& power of his great Lords. And this was
wrought by fearching into the Regality
they had ufurped over their peculiar
Soveraigns ( whereby they were ( as the
Book at St. Albans tearmeth them) Qmpi
£>ermm rot Tyranni ) and by weakning
that hand of power which they carryed
in the Parliaments , by commanding the
fervice of many Knights , Citizens , and
Burgefles to that great Councell. Now
began the frequent fending of Writs to
the Commons, their aflents not only
ufed in Mony > Charge , and making
lawes ( for before all Ordinances paffed
by the King and Peers ) but their con-
Tent in Judgments of all natures, whether
CivillorCriminall. In proof whereof I
will produce fome few fucceeding Prefi-
dents out of Record.

When

348 A brit) t Difcourfe

vim s«vtti When Adomtr, that proud Prelate of
Atirkmf9f',zc>7 wircbefter , the Kings half Brother,
Ann, 44 h. 5. hacj grjevec[ tjie State his faring

power, hewase.\iied by joynt fentence
of the King , the Lords, and* Com-
mons ; and this appeareth exprefly by
the Letter fent by Pope Alexander the
4th. expoftulating a revocation of him
from Banilhment , becaufe he was a
Church- man , and fp not fubjed to Lay
Cenmres. In this, the Anfwer is ; Si Dc-
m nus Rex & Rtgni ma]oYes hoc veflent ?
meaning his revocation , C ommunftas
tamen infius ingivjfun* in Anfliam jtm
nullatstius fuftfaeiet* The Peers fubfign
this Anfwer with their names, and he*
trii-s de Montf.rd 1 ice tct'ms Communita-
tir , as Speaker or Proctor of the Com-
mons; For by this (tile Sir J, Tiptoft Pro -
cburta orig.fnb locutor affirmeth under his Arms the
srgilL Auno decd 0f entajje Gf tne Crowne by King
*£'£tZ ^-4- in the 8. year of his Raign/orali

the Commons
fat. Pari, anno The Banifhmer.t of the two Spencers
2$ E. 2. in I 5 £".2. Praiati Comites & Barones O*
Us autre s Pecrts de Li terre & Ccmm ns
de Roialme , give Confent and Sentence
to the Revocation and Reverfment of
the former Sentence ; the Lords and
Krt.Tarl.anno Commons accord , and fo it is expreiTed
16. E. 2„ in the Roll.

In the firft of Edward the third, when
r»>. Partem Bu^eth tnc Widdow of Sir hhnde
;.n. 11. Sftrg0 Complained in Parliament , that

proving ike Pmerj&c. 3^9

Hugh Spencer the younger , Robert Bal-
doc^ and William Clifie his inftruments,
had by durelle forced her to make a wri-
ting to the King , whereby (he was dif-
poiled of all her inheritance , Sentence
was given for her in thefe words. Pur
ceo que aviseflal Evefques Counts &
Barenes & antra Grandes & a tout Co-
rn nail e de la terre % que leditefcript eft
fait contre ley , <jr tout man ere ie raifon fi
fuijl le dit efcrift fer agar d del parlUm.
dampue edoques al livre a la dit Eli-z,.

In the 4th. of Ediv» 3. it appeares
by a Letter to the Pope , that to the
Sentence given againft the Earl of Kim ,
the Commons were parties as well as the
Lords and Peers ; for ? the King dire-
cted their proceedings in thefe words ,
Cowitibtu , Magnatibus , Baronibm ,
(£• aliis de Communitate ditii Regni ad
Parliamentum illud congregatis in-
]unximusy ut fnper his difcernerent cfr ju-
dicarent quod rationi & jufiitia conveni-
ret , habere pra oculis , folum T>eum qui
eum concordi & unanimifententia tanqua
reum criminis l& foe ma)eftatU morti abju-
dicarent ejus fententia, &c*

When in the 50th. of.E.3. the Lords ?afi Anm JC
had pronounced the Sentence againft 3.
Richard Lyons % otherwife than the Com-
mons agreed ; they appealed to the King,
and had redreffe , and the Sentence en-
tred to their defires.

When in the firft year of R. 2 . Willi" lKt2m

am n, 38, 3 9.

3 50 a ^ritf 'Difcourfe

am Wcfton and Uhn Jennings were ar-4
raigned in Parliament , for furrendring
certainc torts of ti e Kings , the Com-
mons were parties to the Sentence
gainft them given , as appeared! by a
Memorandum annexed to that Record.
In i H. 4* although the Commons re-
■ i H 4. ferre ^ proceftation . the pronouncing
the fentence of depofition againft King
Rkh*rd the fecond unto the Lords , yet
are they equally interelTed in it , as it ap-
peared) by the record , for there are
made Prodtors or Coram ilE oners for the
whole Parliament , one Btfhop , one
Eark , one Abbot , one Baronet , and
two Knights , Gray and Eryingham i for
the Commons ; and to infer re, that be-
caiafc the Lords pronounced the fentence
the point of Iudgment lbouJd be only
theirs ,were as abfurd, as to conclude that
no authority was left in any other Com-
rui kroner QiOytr and Terminer than in
the perfon of that man fokiy that fpea-
keth the Sentence.
Ro\?*rl.AMo In the fecond of Hen. the 5th. the Pe-
*• /y«v. tkion of the Commons importeth no kfs
than a Right they had to ad and aiTent
to .ail things .111 Parliament ; and fo.it is-
Anfwered by the King. And had not
the Ionrnall Roll of the Higher Houfe
been kit to the fok entry of the Clerke'
ht- upper houfe, who, either out of
neglect to obferve due form , or out of
. rpoifexo obicure the Commons Right,

and

pi<ving the Foster^ &c. 551

and to flatter the power of thofe he im-
mediately ferved , there would have bin
frequent examples of al times to cleer this
doubt, and to preferve a juft Intereft to
the Commonwealth. And how conve-
niently it fuits with Monarchy to main-
tain this form , left others of that * well-
framed body, knit under one head,{houli
fwell too great and monftrous , it may
be eafily thought. For, Monarchy a-
gaine may fooner groan under the
weight of an Ariftocracy, as it once did,
then under a Democracy, which it never
yet either felt or feared.

F I *CIS.

o*> «*» **» <^5> «^r» Ct5» «*> ♦tfr» *tTr> J$J*

A §§§

SHORT VIEWl

OF THE 1,

Long Life and Reign g§§

of Henry the Third, King §§l
of ENGLAND. I§§

Prefented to King J> A ME S. W*

m

Written by Sir Robert Cotton. §§$
|

& LONDON,

■^Printed by William Bentley ,

for William S h e a R s at the Bible
in S«. Pauls Church-yard, i 6 $ I.

*^ 2i* t^Xt+Xjg «^ e|» ^fil

!
(

1

SHORT VIEW

OF THE

LONG REIGN

O F

King Henry

the Third.

•r-X .l#^pt Varied with the lingring ca-
jjg^ifff.^^ lamitiesof Civil Arms, and
affrighted at the fudden fall
of a licentious Sovereign,ali
men flood at gaze , cxpeSing
lhe evenc of their long de-
; fires ( Peace ) and ifiiie of
their new hopes ( Benefit.) For in every (hifc
of Princes, there are few , either fo mean, or
modeft, that pleafe not themfelves with fome
probable objecl of preferment. To fatisfie all, Hi/l.
a Child afcendeth the Throne, mild and gra- Miner,
cious, but eafie of nature, whole Innocencie Matt.
and natural goodnefs, led him fafe along the Paris.
various dangers of his Fathers Reign. Happie
was he in his uncle the Earl cf FsmbrcoJ^ , the
1" 3 guid

2 J. Short Vie* of the Long %eign

guid of his infancie,and no Jefs than for thir-
tie years after, whiJft (D* Burgotthit faft fervant
of his Fathers againft the Frencbjaoth in ^or-
rnandie and England>mth Bygod Earl of ?{or-
foll^y and others of like gravitie and experi-
ence did mannage the affairs. Few and no o-
ther were the diftempers than in State, but
Matt, fuch as are incident to al/,the Commons gree«
Paw, die of Libertie, and the Nobilitie of Rule,and
ffiffm but one violent ftorm raifed by fome old and
Major, conftant followers of his Father , Fulco de
£reut de Fortibm^nd others , men that could
onely thrive by the Wars,mifliking thofe days
of (loth , ( for fo they termed that calm of
King Henries GovernmentOand the rather be-
cauie the Juftice of quiet times , urged from
them, to the lawfull owners , fuch Lands and
Caftles, as the furie of War had un juttly given
them, for finding in the uprightnefsof the
King , that power of protection (hould not
be made a wrong doer, they fell out into that
rebellion, that with it, ended their Jives and
Hi ft. S. competitours , profetfing that thofe their
Albani. 1 words that had let the Crown upon their So-
vere gns head, when neither Majeftie nor Law
could, (hculd now lecure thofe fmall pittan-
ces to their Matters , when Majeftie or Law
would nor. Dangerous are too great benefits
of Subjedfsto their Princes , when it maker h
the mind onely capable of merit , nothing of
dutie. No other disquiet did the State after
this fed but fuch as is incident in all,the malice
to Author [tie. Good and great men may fe-
cure theinfelves from guilt, but not from en-
vie : for :he grcatcti in truft of publick affairs,
are Hill foot at by the afpiringof thofe that

deem

ofI{ing Henry the Third.

3

deem chemfelves lefs in imployment than they
are in merit. Thefe vapours did ever and
eafiiy vanifh fo long as the helm was gui-
ded by temperate Spirits , and the King tied
his Actions to the rule of good Counfel,
and not to young , patfionate,or tingle ad-
vi'e.

Thirtie years now patfed , and ail the old cbron.
guids of his youth now dead , but ®e ®urgo, ^
a man in whom nothing of worth was want- ne #
ing but moderation, ) whofe length of days joa^
giving him the advantage of fole power , his ^yyaL
own ambition and age gave him defire,and art, #w»Ar]/'
to keep out others , which wrought him into
the fatal envie of moft , and that increafed in
the Title of Earl, and great Offices the King
then gave him. Time by this , had wrought,
as in it felf, fo in the hearts of the people,
a Revolution , the afflictions of their Fathers
forgotten, and thefurfeitoflong Peace; (per-
chance) having let in fome abufes; from hence,
the Commons , to whom days prefent feem
ever worft, commend the foregone ages they
never remembered, and condemn the prffcnt,
though they knew neither the diseafe thereof,
nor the remedie.

To thefe idle and ufual humours, fell in j
fome of the young and noble Spirits, warm £'f«7 •
and over- weaning (who being as truly igno-
rant as the reft ) firft by fullying the wifc
dom of the prefent , and greatcft Ru-
lers , ( making each cafual mishap their
errourst) to decipher every blemifh
in Government , and then by hold-
ing certain imaginary and fantaftick
forms of Common -wealths, flatter their own
* 4 belief

4 Short Vi<fo of the Long %elgn

belief andabilitie , that they can mold any
State to thefe general rules, which in parti-
cular application will prove Idle and grofs
abfurdities.

GualJe Next confirmed in their own worth by
CoVen* Sommery and Spencer,thcy take it a fit time to
work themfelves into action, and imployment,
a thing they had long defired, & no w(though
unwilling to fecm fo ) do fue for ; and doubt-
lefs, the further! of their aim was yet,tobe-
come quiet inftruments in ferving the State , if
they had been then held fit and worthy.

But the King taught by the new Earl, That
Confiliafenum baftas juVenum f^qandthat fuch
wits, (for fo they would be ftiled ) were
Vandis (juamgerendvs rebus aptiores; fitter in be-
ing factious to disorder, than to fettle affairs,
either denied or delayed their defires ; for
wife Princes will ever choofe their Inftru-
ments^<xr negotiis , and not fupra, Creatures
out of meer election, that are onely theirs , o-
thcrwiie, without friends or power.
Mitt. Amongft this unequal mcdly, there were of
Pans, the Nobihtie, Richard Earl of ^emhroo\y Gh-
Hi/h cefterpnd Ban ford, darlings of the multitude;
Minor, fome for the merit of their Fathers , whofe
memories they held facrcd, as Pillars of pub-
lick Jibertie,and oppofers of encroaching Mo-
narchy; at ^memeed the Annies met. And of
Chron. thzGmtnt^it^Gfffeory^ardolpb y Griflcy,
fitri Maw fell and Ftt%-J>brj. Spirits of as much
Tctto^. Acrimonic and Arrogant fpleen,as the places,
from whence they wereele&ed,Camp,Courr,
or Countrey, could afford any: Thefe by force
would efTecl: what the other did affecl by cun-
nings but all impatient to fee their ends thus

fruftratc,

of l(ing Henry the Third.

fruftrate,and that fo long as the King follow-
ed the direction of the Earl of I(ent, they
had fmallhope of their defires , they made
often meetings ; and as one faith of them,
Clam & noHurnu colloquiis aut ficxum in )>efl>e- jtfatm

rum die. Paris.

In the end , Sommery and Sf sneer , two that
were far in opinion with the reft , Gentlemen,
by Forraign education and imployment, more
qualified than ufually men of thefe times , and
that fet upon their own deferts the beft pla-
ces when the Stream (hould turn , ( which
one of them ySpencsr > did unworthily obtain,
for he died in a&ual Rebellion , JuftUUrm
^/i^againft his mafter)advifed,that the beft
means to remove that great and good obftacle,
the Earl of I(ent, out of the way of their
advancement, was by lifting into actions , and
fiding with his oppofite. rcter Bifhopof Win*
cbejler , ( an ill man , but gracious with the
King ) making ftill their ends, that the wor-
thier being driven out by the worft, they fliall
either be able to mate him with his own vice,
which will be ever more vifible, as he is more
potent, and fo remove him at pleafure , or elfe
give over the King to fuch Minifters , to their
bad defires , as loofing him the hearts of his \ut™
people5mightfmooth them a way to their bad tn ut'
defirc,Hi»nor«, quos quiet a ppublici defperant, w. pe
prrturbata con ft qui fe poffe arbitrmtur. Thus vrf**
Counfel heard , approved and put in pradVtce,
the corrupt , and ambitious Bifhop is eafily *
infnared to their part by money , and opinion
or increafe of power.

Articles are in all haft forged , and urged
againft the Earl , as fate of Crown land 5 waft

or

6 A Short ViCto of the Long %eign

of the Kings treafure ; and laftly, (chat which
thefe doubt full times held capital) his giving
allowance to any thing that might breed a
rupture between the Sovereign and the Sub-
jects , as he bad done in making way with
the King , to annihilate all Patents granted in
his nonage, and enforced the Subject to pay as
Lib. the record faith , ^on juxta fingulorum facuL
IBermo- tattm , fed quicquid Ju/litiariu* ce/limabat.
fey W- Well! he cleared himfelf of all, but the laft,
t<e Ab- and did worthily perifh by it ; for a&s that
batif. fill Princes Coffers , are ever the ruins of their
Albani. firft Inventers; bad times corrupt good Coun-
eels ; and make the beft Minifters yield to the
luft of Princes, there fore this King cannot pafs
blamelefs , that would fo eafily blemiQn all
former merits of fo good a fervant , for that
wherein himfelf was chief in fault.

But Princes natures are more variable , and
fooner cloid than others,more tranfitory their
favours, and as their minds are large, fo they
eafily over- look their firft election, tying their
affections , no further than their own fatis-
factions.

The Bifhop now alone manageth the State;
choofeth his chief inftrument.Peter de ^allis,
a man like himfelf; difplaccth his natives, and
draweth (PoiBions and buttons into Offices
ofbeft truft, and benefit; and the King into an
evil opinion of his people.For nothing is more
againft the nature of the Englijb , than to have
Strangers rule over them : of this mans time,
Wendover , an Authour then living, faith,
Juditia commutuntur injuflis Leges ex Iegibus
Pax dtfcordantibm ju/licu injurious. Thus the
plot of the tumultuous Barons went clear,

and

of /(^ Henry the Third.

7

and had not the diferccter Bifhop calmed all ${eg{f
by dutifull perfwafions , and informing the %offe*u
King that thefupport of this bold mans power Annalls
(whofe carriage before had loti his Father deBly.
tyrmandieythc love of his people, and in that
his Crown) would by teaching the fon to re-
je£* in paflion the juft petitions of his loyal
Subjects (as of late the Earl of Pembrook his
Earl MarLhal of England the due of his office)
drive all the State into difcontent, by his bad
advife, and corrupt manners, doubtlefs the
rebellious Lords had ended this diftemper , as
their defign was, in a civil War.

Deniais from Princes muft be fupplied with
gracious ufage,that though they cure not the
fore, yet they may abate the fence of it; but
beft it is, that all favours come directly from
themfclves; denials and things of bitternefc
from their Minifters.

Thus are the Strangers all difplaced and Clauf.
ban ifhed, ^ivaflis extortions ranfackt i by ma - ann. 37
ny ftrift Commiffions of enquirie ; the Bifhop H. 3.
fentaway disgraced, finds now that ?iulU M. 26".
qiue fita fcelere potentia diuturna ; and that in Cbron. '
Princes favours there is no fubfiftance between Hall*
the higheft of all, & precipitation. The Lords
fruftrate of their malicious ends, began to
fow of thefc late grounds of the peoples dis-
content, Querelas ambiguos de Principe fer-
mones qiioq; alia turb anient a Vulgi, & took it
up a fafhion to endear and glorifie themfelves
with the fcncelefs multitude, by depraving the
Kings difcretion StGovernmen^whofe nature
too gentle for fuch infolent Spirits,was forced
(zsTrevet faith)to feek as heprefently did, ad-
vifc & love amongftStrangers/eeing nodeferc

could

8 A Short Vh7» of the Long %eign

could purchafe it at home}aII bore themfelves
JikeTutorsand Controllers,few like Subje&s
and Councdlours. God we fee holdcth the
hearts of Princes , and fendeth them fuch
Councellours as the qualicie of the Subject
meriteth.

Cbron. For Mount ford , a French- man, became the
Litcbf. next Ob/ecl: of the Kings delight , a Gentle-
Matth. man of choice bloud, education, and feature,
Paris, on this mans content, the head ie affection of
S(ogtr the Sovereign did fo much dote, that at his
FFtM^-firftenteranceof Grace, in en vie of the No-
ver» bilitie, he made him Earl of Leycefter; and in
no lefs offence of the Clergie, by violating the
rites of the holy Church, gave him his vowed,
vailed fitter to wife. More of art than ufually
fome have deemed this a& of the Kings , ma-
king the tie of his dependence , the ftrength of
~ r his alTuran ce, fo both at his will.
n r n* Mount ford made wanton thus withdalli-
Joa, n' ance of his Mafter> forgetteth moderation, for
~ feidom difcretion in youth attendeth great
grave- ancj (-„ fortunes, he draweth all publick
affairs into his own hands , all favours muft
pafs from him, all preferments by him,allfuits
addrefled to him; the King but as a cypher fet
to add to this figure, the more of number.
Great is the Sovereigns errour,when the hope
of Subjecls muft recognize it felf beholden to
the fervant, which ought immediately to be
acknowledged, from the goodnefs and good
election of himfclf. Though Princes may
take above others feme repoiefull friend,with
whom they may participate their nea reft paffi-
ons; yet ought they fo to temper the affairs of
their favour, that they corrupt not the effects
of their principalities. Ac

of I(ing Henry the Third.

At this,the great and graved men began to
grieve, knowing the unworchie without ho-
nour or merit, thus to deal alone in that
which (hould pafs through their hands, and to
leap over all their heads , to the greateft Ho-
nour and Offices; and therefore run along
with the then rifing grace of the Kings half
brethren, (though ftrangers ) hoping thereby
to divide that power , which otherwife they
faw impoffible to break

Leycefler, confident of his Matters love,and Chron.
impatient to bear either Rival in Favour , or 1{ead-
Partner in RuIe,oppofeth them all, but find- ing.
eth in his ebb of favour,the Fortune of others,
and that this King could ever as eaiiiy trans-
fen: his fancie, as he had fettled his affection.
Great we fee muft be the art and cunning of
that man , that keeps himfelf afloat in the
ttream of Sovereigns favour, fince the change
of Princes wills, which for themoft part are
full of rancie, and foon fatiate, are hardly ar-
retted. Who fo would efFccl: this, mutt onely
attend the honour and fervice of his Matter,
and difpoiledof all other refpc&s , transform
himfelf into his inward inclination, and work
into neceffitie ofimployment, by undergoing
the offices of moft fecrecie , cither of publick
fervice, or Princes pleafures; he muft alio beat
down Competitors of worth, by the hands
of others, conceal his own greatnefs in publick
with a feigned humilitie,and what impotency
of Government he affecteth, let it rather feem Henry
the work of others, out of conveniencie, than Ityigb*
any appetite of his own. ton^

Now were the rains of Rule , by this ad- Mob.
vantage, taken by the rebellious Lords, and^'J^/?*

put

10

A Short Via* of the Long %tign

put alone into the hands of the Kings half
brethren :Adm£uido,Gedfr ay, and William;
nimfelf as before; Et magna fortuna licentiam
tantum ufurpans : For to zi\ his own part, he
was ever wyar-drawn when he had fuch
Worthy fervants as would often for his Ho-
nour urge it. For thefe Mailers, ( as Watthg-
ford termeth them ) Tanta elati jaBantia quod
nec fuperiorem ftbi intelligunt, nec parem mellitU
&mollitis adulationibus animum T\egU pro libito
Voluntatis a rations tramite declinantes ; do a-
lone what they lift. They fill up the place of
JufticeandTruft with theit Countrey-men.
Strangers exacl of whom, how,and what they
pleafe, wafte the Treafure and Crown -lands
on themfelves, and their followers ; fet prizes
Willde on aU ounces, and rein the Law within the
%e[han- fL ie of their own breafts. The ufual reply of
£tr. fcrvants,to the plaints of the Kings Sub-

jects, being Quu tibi retfum faciet ? (Doming
rex Vult; quod (Domini memy>utt ; thefe Stran-
7 it, xs gcrs kerned m thcir ^awlefs carriage not to
tf/i £ave been invited.but to have entered the State
mSL y Con^ucft- Thc £re« men they enforced
WW not to obey, but to ferve , and the mean to
Jive fo as they might juftly fay, they had no-
thing; yet left the King fhould hear the groans
ot his people, and the wickednefs of his Mini-
sters , which good and able men would tell
him, they barr all fuch zeeds ; Sufpition being
thebeft preferverof her own deferts; aimeth
at thefe, who hath more of virtue than them-
felves, as fearing them moft. Thus is the inca-
pacitie of Government in a King,when it fals
to be a prey to fuch Lawlefs Minions , the
ground of infinite corruption in all the mem-
bers

of I(ing Henry^ Third. 1 1

bers of the State; all take warrant generally
from Princes weaknefs , of licentious libertie
and greatnefs, makes profit particularly by it,
and therefore give way to increafe ill, to in-
creafe their gains.

A Famin accompanieth thefe corruptions, Clauf.
and that fo violent , that the King is enforced am. 42
to direct Writs to all the Shires, M paupe- Hen. 3.
res mortuos fepelicendos famis media deficientes:
Famin proceeds, Fames prxcefsit & fautut eft Cbron.
gfadtmtam tembifo ut nemo inermis fecttra London.
po/stty'ProVmcigs per agar e : For all the Vil-
lages of the Kingdom were left a prey to the
iawlefs multitude: Who Per dherfas partes
itineraries \elut per Confentum aliorum, fas the
Kecord faith) did imply that the faaious
Lords fufpeflcd by the King, had given fome
heat to that commotion ; Seditious Peers
bringing ever fewel to fuch popular fires.

Neither was the Church without a bufie

Pa/rVrn a Tra8ic£ WOrk ' f°r Wal*" Blfhop Will dt

fWorcefter, and Robert of Lincoln,** whom
Mountford *nd hisfaaion, !Pr* cordhliter ad-
harebant were far ingaged. In fuch defigns/
Church- men are never wanting>and the diftaft
ot the prefent Government , ( as well in the
Church as in the Common- wealth) will ever
be a knot of lirength for fuch unquiet Spirits
who as well frame to themfelves fome other
rlm °l Govcrnment5 then the prefent in the
• ur u aS in the temPoraI ^ate.as that which
with the giddie multitude winneth beft opi-
nion, and did at this time fitly fuit the peoples
humours, fo much diftafting the new Courts of
the Uergic , their pomp, their gree Jinefs, and
trie ropes extortions.

A

12 A Short Viek of the Long %eign

A fair pretext was it to thofe factious Bi-
fhops, to ufe their bitter pens and fpeeches , fo
far againft religious Orders, Ceremonies, and
State of theChurch,that one of them incurred
the fentence of Excommunication at %ome9
and Treason at home ; for he enjoyned the
MS a- E&tlofLeycefter, In remifrione peccatorum.ut
ru. caufam Warn (meaning his Rebellions) ufque ad
Will.de mortem ajfumeret, ajferens pacem E celt ft* AnglU
!F{i/ban- cananwqmm fine gladio materiali pojfe firmari.
ger. It was not the beft Doclrine that this man
could plant, by libertie or war , when the firli
Church rofeby fafting and prayer.

True Pietie binds the Subject todefirea
good Sovereign,but to bear with a bad one,
and to take up the burthen of Princes with a
bended knee, rather in time fo to deferve a-
batement, than refill Authoritie.

Church-men therefore ought not always to
lead us in the rule of Loyaltie , but a know-
ledge of our own duties in difficult points of
Religion, where an humble ignorance is a fafe
& fecure knowJedge,we may relie upon them
fBarth. To fupprefs thefe troubles , and fupply the
Coron\ Kings cxtremitie, a Parliament was called,
much to the liking of thofe Lords, who as
little meant to relieve the King, as they did to
Chron acc3lnt tne ^cate» tneir enc*» at tnat time, being
N$ xti onc^ to °Pen at nome tne povertie of their
}jF c Mafter, to JefTen his reputation abroad , and
zl - to brave out their own pafTions freely , whiift
™on* thofe times of libertie permit.

Here they began to tell him he had wronged
the publick State, in taking to his private ele-
M.I>a~ £HontheJnftice , ChancelJour , and Treafu-
tkm rer , that fhould be onely by the Common-

Councel

ofI(ing Henry the Third. i $

Coimccl of the Realm , commending much
the Bifhopof CHcbefter, for denying delivery Wends*
of the great Seal, but in Parliament where he Ver-
received it.

They blame him to have befiowed the beft Wal-
laces of truftand benefit in his gift on Stran- Ungford
gers.and to leave the Englijb unrewarded , to (Pa-
have undone the trade of Merchants,by bring- ris.
jng in Maltolts and heavie cuftoms , and to WillJe
have hurt the Common libertie, by non cb- Qjjhan*
ftantes in his Patents , to make good Monopo- ger.
lies for private favourites.

That he hath taken from his Subjects, Quic- Cbron.
quid babuerunt in efculentu £T poculentisftufti- S.dlba*.
corum enim equosjbigatpina^utualia ad libitum ni*
cepit.

That his Judges were fent in circuits,
under pretext of Juftice , to fleece the peo-
ple, Caufis fittiiiis quofcunque peterant diri-
puerunt.

And that Sir Robert de Purfloto had wrung
from the borders of his Forreft,under pretence
of encrochments or a(Terts , great fums of
money.

And there fore,they wonder, that he fliould
now demand relief from his fo pilled and pol- Gual.de
led Commons, who by their former extremi- CoVent-
ties; Et per auxilia print data ita depauperantur, trey*
ut nihil aut parum babeant in bonti. And there-
fore ad vifed him, that fince his needlefs ex-
pence, Poflquam regni ccepUeJfe dilapidator^y/is Will.de
fummed up by them to above 800000 pounds ftfV&J^
It were fitting to pull from his favourites, »er^
who had gleaned the Treafure of his King-
dom, and (hared the old Lands of the Crown,
feeing one ot them there , whom the Lords
A defcrib-

1 4 Jt Short VieTv of the Long lyeign

defcribcd to be Miles liter atmi or Clericus mi~
UtarU , who had in (hort fpace from the in-
heritance of an acre \ grown to the PofTetfion
Cbron. of an Earldom ; and Man ft I another in feri-
Litcbf. our Clark, that(behdes jo. promotions with
Hif^% * the cure of fouls ) rofe to difpend in annual
Minor avenue 4000. marks,whereas more moderate
Will.de ^ecs wou^ nave become a pen-man ; no bet-
(Jxifk'an- tcr q113-1^ ^an with the ordinary fruits
^ "of a writing School ; yet if a moderate fup-
Epifl. would lu^cc w'tn tnc Kings occafions,
dok't. t^lcy wcre contcntto perform fo far reliefe
Lincoln. m Obedience , as the defert of his carriage
Match ^ou^ mer*c t°warc^s tncm : And as the
Paris.' ^ecor^ ^altn » ®'m data f uit in tresfeptima-
& * nas,ut interim ${ex txcejfus fuos corrigeret,
(Roffen ®* ^£naies ^oluntati ejus obtcmperarent.
Iban \ ^C wn*cn uPon new 8rant °^ tnc £reat
dWal ^nartcr » admitrance to his Councel of fome
. J? _ perfons elected by the Commons , and
promife to rely upon his Natives , and not
^ Strangers for advife hereafter ; they fpare
Lbron. fom fucn a pittancc a$ mu(t tie him to their
j, ,r Devotion for a new lupply.
Lite 4. jnus par]jamems , that before were ever a
medicine to heal up any rupture in Princes
fortunes, are now grown worfe then the
malady , fith from thence more malignant
humours began to reign in them than well
compofed tempers.

The King by this,experienced of the intents
of his rebellious Lords, and finding that the
want of Treafure was the way whereby they
inthrallcd his Majefty, begins now to play
the good husband clofeth his hand of wart,
and refolves himfelf ( too late) to ftand alone*

filch

ofI(ing Henry the Third. i j

fuch experience is pernitious to the private,
and dangerous to the publick good of a
State, when ic never learns to do , but by
undoing, and never fees order, but when
disorder (hows it Yet ftill, alas, fuch was
his flexibiiitie, when he came to be prefled by
his French Minions, that he could not hold
his hand any longer from their vaft defircs,
and cndiefs wafie. So that an Authour then
living, faith, it became a By- word , Our inhe-
ritance is concerted to Miens , and our houfes
to Strangers. Followers to a King exceffive in
gifts, are exceflfive in demands , and cut them
not out by realbn , but by example. Fa-
vours pa(t are not accounted , we love no
bountiebut what is meerly future; the more
that a Prince weakeneth himfc If in giving, the
poorer he is of friends : For fuch prodigali-
tie in a Sovereign, ever ends in the rapine and
fpoilof his Subjects

Yet before the King would again fubmic
himfelf, as he had the laft Parliament to fo
many brave and ftricl: inquiries of his difloyal
Subje&s, he meaneth to pafs through all the
fhtfts, that cxtreamitie of need, with greatnefs
ofmind could lay upon him. He beginneth Cfauf*
firft with fale of Lands, and then of Jewels, ann lg
pavvneth Gafcoyn , and afcer that, his Imperial ^ ?j
down, and when he had neither credit to ^ ^
borrow, ( having fo often failed the truft he ciau f
had made.) nor pawns of his own,he then lay- am ■**
eth to pawn the Jewels and Ornaments of ^* >J
St. Edwards Shrine; and in the end,not having '
means to defray the diet ot his Court,was en-
forced to break up houfe, ( and as Paris faith)
with his Qjjeen & children, Cum dbbatihai &>
A 2 Priori*

1 6 A Short Vifb of the Long %eign

Prioribivs fat is bumiliter Hoffish'quafiUt 4?
prandia.

This Jow ebb. which again the Kings im-
providence had brought him to , gave great
aflurance to rhe Rebellious Lords , that they
QiouJd now at the latt , have the Sovereign
power left a prey to their ambitious defigns,
and to bring it falter on , they defire nothing
more, than to fee the Kings extreamitie con-
lirain a Parliament, for at fuch times , Princes
are ever lefs than they Qiould be , Subjects
more.

WillJe To haften on the time , and adapt the
(/(ijban- means, there are fown certain feditious ru-
ger. mours, that the Kings neceflitie mull repair it
felf upon the fortunes and bleflings of his
people, that having nothing of his own left,
he might and meant to take of others : For
Kings may not want , as long as the Subjects
have means to fuppiy. '

This took fire ;uft to their minds, and
wrought a little moving in the State , which
doubtlefs had flamed higher, if the King had
not aflwaged it by Proclamations, wherein he
Clauf. declared, Quod quidam ma'e^oli ftni/ii a prxd'u
cantes9illu falfo fuggejferanty ilium Velle eos in-
lib* 3. debitegraVdri, ac jura &1 liber tates fygni fub-
Vertere , per fuggtjliones Was dob fas
emnino falfas, eorum cordaafua makdittione,
fidelitate tlxrterent >but dehrcth, that , Hujuf-
modi animorum fuorurn perturbationibus refi-
dem adbiberent, for that he was ever readie to
defend them from the oppreflion of the great
Lords, omnia jura & eonfuetudines eorumyde-
bitas bonus confxefasjn omnibus & per omnia
plenim obfertare>znd that they may reft of this

fecure;

fl{ing Henry the Third.

17

fecure, (De Voluntas fua libera Uterus fuas fecit
patentee But feeing ftill , that Majeftie and
Right fubiilt not without Means and Power,
and himfelf had of neither, Co much as would
flop the prefent breach in Lis own wants, or
his Subjects loyalties, he flieth to the boioin
of his people, for relief and CounfeJ.

At Oxford they met in Parliament , where yar\
his neceiiitie met Co many uridutifall de- 0xon9
mands, that he was forced to render up to
their rebellious will, his Royal power.

Here the Commons knowing that, Cun e!c-
gert inc they were Loco iibertatis,{\ooc\

with the King to have the managing of the Matt,
State, put to the care of twentie four, where- 'Parts,
of twelve by their election , ( whereto they Cbron.
look ftricliy) and the ether by him, who in all Wore.
things elfe, was left a Cipher, and in this, whe-
ther by fear, or rcmifnefs, filled up his number
with Mount ford^Gloce/ter^nd Spencer, which Cbron.
befides the weakening of his own part, won Utchf
to thofe hisiate oppofit.es, an opinion of great
intereft they had go: in his favour, he now
hath left neither election of publick office,
nor private attendants, his half brethren and
their followers, he muft difpoil of all fortune,
and exile by prescription under his own hand,
commanding his Writs, Pro transportation
frit rum fuort.m, to be directed to the Ear/s of
Hartford and Surrey , and not to pafs either
their Money, Arms , or Ornaments , T^ip in
forma quam dUH Ccmites ivjunxnmt, and after
their departure , enjoyncd the men of ©r//ro/ daur
that they fhould not permit any Strangers, ann c
She propixqitos^-g:* cbylicare in pcrtis, but fo "?
to behave themfelvcs therein, that as well the " J*
A 3 King,

1 8 J Short Vie* of the Long %eign

King , Qjuim Magnates fui eos merito debeant
commendare.

Thus we fee, how eafily mens eftates do
change in a ;moment , and how hard it is to
make ufe of all things ill gotten.

Richard ek& of the Empire, the Kings full
brother, & then beyond Sca,muft be wrought
Cbron. by letter, as his free defire to confirm by oath
S.dlba- thofe former reftriftions of Regal power ;
nh which though performed , yet would the
Lords fufFer neither the one or the other to
enter <Dol-er Caftle ( the key of the Kingdom)
K°JJen' which they had furnifbed,as moft of the other
Forts of reputation jn the Realm with Guar-
dians of their own, fworn refpectively to the
State; and then taking the like affurance of ail
the Sheriffs, Bailifs, Coroners, and other pub-
. lick Minifters, fearching the behaviour of ma-
\\ot. in ny ^ ftrj$ Commiflion upon oath, to win o-
^Srfi j Vmion m mcw among the Vulgar,who groan-
Will.de cd under their late Extortions , whereas their
^ijban- cnd was truly,as it after proved,by displacing
g&. the faithfull iervants of the King , to open a
way to their own dependants.

Thus changing fole power into the Rule of
many, and thofe by popular election, made the
State believe, that by this form of limited po-
licie , they had utterly fupprehed the mind of
man,for ever dreaming more upon the imagi-
nary humours of licentious Sovereign tie; But it
fell out nothing fo, for now every man began
to eftimate his own worth, and to hammer his
head upon every dtd^n , that might enlarge
his power and command.

Then began the great men to rent from the
bedie of the Crowns, and regal Signiories ,

all

ofI{jng Henry the Third. i p

ail fuch royal Suitoursas neighboured any of
their own feats , whereto they enforce their
fcrvice, and io (as the Record faith) Ad fettas Senear*
indebttas , & ferVitutes intolerabiles fubditos^
T{egu compulerunt: Thus raiting mean manneis
to become great honours, and renting afun-
der the regal Juftice , they made themfelves
of fo many fubjefts, whilft they lived in dutie,
Totidem Tyranni (as the book of Saint Albans
faith) when they had le't their Ioyakie,Ma£?w <!{pt.
in duxerunt Magnates %egm paper fubditos^e- (fi^gism
gis ferVitutes opprefsmes , which they bore Seboa.
patiently; for excefs of miferie having no eafe 56. H.
but Cutfom, made men willing to Jay the 3,
foundation of fervitude by the length of fuf-
ferance, which found no ea(e nor end , until
the quiet of this Kings reign.

Mount ford , Glccejler , and (Di/pencer , the VVaU
heads of this Rebellious defign, having by the Ungford
late provifions drawn to the hands of the
twenty four Tribunes of the people, the entire
mannaging of the Royal State , and finding
that power too much difperfed, to work the
end of their defires,for(l again the King to call
a Parliament , where they delivered over the
authorise of the twentie four unto them-
lelvcs, and create a Triumvirate , non conftitu- WiH.de
enda fypublicte caufa , as they firft pretended, ^jhan-
for their own ends , and fo in the intereft of^«
fome private conten:ed,the publick was flayed; Cbron,
but to make a fpeedier way to one of them as Bun ft.
it fatally did, to become Dictator perpetumi
Ambition is never fo high, but fhe thinks (till
to mount ; that Nation which feemed lately
the top,is but a ftep to her now & what before
was great in defiring, leems little being once in
power. A 4 Thefe

20 jt Short Vie* of the Long %eign

Thcfc three , eJc& nine CounceJIours, and
Ordin. appoint, Quod trcs ad minus alternatim feinper
inter in curia ftnty to dilpofe of the cuftodie of Ca-
d{ec. (\\es,Et de aliis %egni negotiis: the chief Juftice,
Lond. Chancellour,and Treafurer , with ail offices,
s Majores & Minores, they referve the choife of
to themfelves, and bind the King to this hard
bargain upon fuch ftrong fecuricie, that he
is contented under the great Seal , and Oath,
to Ioofe to them tne knot of Regal dutie,
vvhenfoever he aflumeth to himfelf his Regal
Chron. dignitie, Liceat omnibtis de ^egnonoftre contra
Origin* nos infurgere & ad gravamen noflrum opem &
fub Sim operam dare,ac ft nobis in nullo ttnerentur. This
gillo. prodiftieof fortune of whom (he had fet a
pitifuli example of her inconftancie, finding no
part of his Sovereigntie left,but the bare Title,
and that at their leave , beggeth fuccour fiorn
Urbane the fourth , againft his disloyal Sub-
jects.

The Pope by his Bull cancelleth his Oath
and contract , and armed him with Excom-
munications againft all thofe that return not
with fpeed , to their due and old obedience,
fincepromifes made by men,which cannot fay
they aie at iibcrtie , are weak , and force hath
no power to make juft intereft.
Cbrcn. The Lords on the other fide, that had imp.
Lhhf. cd their wings with Eagles feathers , and liked
VSill.de no game now, but what was raked out of the
${ijhan- a("hes of Monarchy, made head againft their
ger. Sovereign , and to mate him the better , czlkd
Chron. in aid Jome French forces. Thus the Common-
$ritan. wealch turned again her fword into her own
bowels, and invited her ancient cnemie , to
the funeral! of her iibcrtie , (o that it was a

wonder,

of l(ing Henry the Third.

21

wonder, (he fhould not at that time pafs un-
der a forreign fervitude. And though thefe Chron.
men were more truly fenfible of their own <Dun/l.
disgrace, than of others miferie : yet found
they no better pretext for private incereft,than
that of the publick.

And therefore at the entrie of this War,
they cried Libertie , although when they
came near to an end, they never fpake word
of it.

At Ltois the Armies met . where the King Will.de
endeavours a reconciliation, but in vain , for tyjban*
perfwafions are ever unprofitable , when Ju- ge r.
tiice is inferiour to force.

The fword decides the difference, and gave
the two Kings,and their eldeft Sons prifoners.
The Perfon now as well as the Regal power,
thus in the hands of Mountford and Glocefter,
found neither bond offecuritie, nor expectati-
on of libertie, but what the emulous compe-
tition of greatnefs (which now began to break
out between thefe mightie Rivals,) gave hope
of, for Leycefter meaning by ingroffing from
his partner, to himielf, the perfon of the King,
and to his followers the beft portion of the
fpoil, to draw more fruit from this advantage,
than it fhould in fellowfhip yield , diflblved
the knot of all their amitie.

Thus equal Authoritie,with the fame pow-
er, is ever fatal (we tee) to all great anions: for
to fit minds to fo even a temper, that they
fhould not have fome motions of diflenting is
impollible.

Mountford having thus broken all faith
with his confederates, and dutie to his Sove-
reign, left the path of moderation and wif-

dom,

I 22 A Short Vktp of the Long \eign

dome, to come to the King 3 by that of pride
and dittrutt. To him, heteileth, that his aims
and ends had no other object ever but order
of the State, and eafe of the people .that he did
not in this, carry affection againft dutie, but
well knew how to rein his dcfires, to his juft
power,and fo no Jefsto his Majefties content,
if he would be ruled; which was to command
the Forts and Caftlcs of his now oppofite G/o-
cefter, and the reft into his hands. It was hard
to this King thus to take a Law from his in-
feriour, but neceflitie in Sovereign affairs doth
often force away all formalities and therefore
this poor Prince, who now at the Viclors dis-
cretion feemed to have been onely raifed to
(how the inconftancie of fortune , and vanitie
of Man, fuited himfelf with incomparable
vyifdom, according to the neceflitie of the
time; neither did humilitie wrong Majeftic,
when there was no other means to contain
Spirits Co infolent, but diflembling. He there-
fore fummoneth in his own pcrfon the forts of
his fatteft friends, to yield to his greateft ene-
mies. This he enters in fhew as his lodging,
but in efFecl: his prifon,and faw himfelf forced
to arm againft his friends,and to receive now
Law from him, to whom he lately thought to
give it. Thus Leycefter is become a darling of
the Common rout, who eafiiy change to eve-
ry new Matter, but the reft durft not fail along
with his fortune,by the light of his glory .Chri-
ftalthat fairly gliftereth doth eafiiy break, and
a? the afcent of ufurping royaltie is flipperie,
fo the top is (haking, and the fall fearful!. To
hold this man then at the entrie of his falfe
filicide fully happie , was but to give the

name

of Kin& Henry the Third.

name of the image to the mettle that was not
yet molten, for by this, theimprifoned Prince
was efcaped .and faft afiured of Glocefter9by
the knot of his great mind,and discontented
boch with the torn remainder of the loyal
Armie united, and by lpeedie march , arrived
nnlooked for, near Eve/ham , to the unarmed
Troupsof the fecure Rebels, whom they in-
ftantly a flailed, for it was no fit feafon to give
time, when no time did afllire lb much, as ex-
pedition did promife.

<Di/p£}jcerJ and other Lords of that fa&ion,
made towards the King , with the beft fpeed
for mercy , but could not break out , being
hurried along the ftorm of the giddie multi-
tude.

Publick motions depends on the conduct:
of Fortune, private on our own carriage;
we muft beware of running down fteep
hills with weightie bodies , they once in
motion , Suo feruntur pondere s flops are
not then voluntarie ; but Leycefter at that
inftant with the King , and out of the
ftorm might have efcaped , if His courage
and hope had not made him more reib-
lute by misfortune , lo that he could
neither forfake his followers , nor his
ambition ; Thus making adverfitie the
exerciie of his virtue , he came and
fell

The King by the blefled fortune freed ,
and obeyed , began to fearch the ground of
his former miferie , and why that virtue and
fortune.that had fo long fettled & maintained,
under his Anceftorsthe glory of his Empire;
had caft her in his. time off, and confpired

with

24 A Short Vitt> of the Long <I(eign

with her Enemies , to her almoft mine , as if
the Genius of theftate had quite forfook her ;
Here he finds his waftcfull hand had been too
quick , both over the fortunes and the blef-
5?of. "ngs of his People, the griping Avarice of
part, bis CiviJ Miniftcrs , and Jawlefs liberty of his
- 5 Martial followers , the neglect of grace , and
I. M. breach of his word , to have loft his Nobility
' at home and neceflity his Reputation abroad,
qiilh- by making Merchandize of peace , and war,
* ( u as his Jaft refuge ; fo leaving his old Allies,
an&€ * became enforced to betake himfelf to perfons
doubtfull, or injured ,and that by giving over
himfelf to a fenfuall fecurity, and referring all
to bafe,greedy,and unworthy Minifters, whole
Conn eels were ever more fubtle than fubftan-
tiall , he had thrown down thofe pillars of
fovereignty , and fafety , Reputation abroad,
and Reverence at home.
Jo. ' He now therefore making fweetnefs and
Tuxe- clemency the entrances of his regained Rule,
fer for the faults of moft of the late Rebels he
Mon. forgot , a gracious kind of pardoning , not to
$ur y\ take knowledge of ofTen ces, others he forgot,
that they might live but to the glory of his
Q{ot. goodnefs , for the fewer killed , the more re-
Cart. mains to adorn the Trophce.
51.52, T y rants (hed b!oud for pleafure , Kings for
Hen. 3. neceflity,yet ieaft his yuftice and power might
too much fuffer in grace and mercy, fome
Clauf , few be punifhed by fmall fines/ome by banifh-
52. H. nient , as the two guiltlefs , yet unpitied Sons
3. M* of the Arch-traitour. Treafon fo hatefull is
2p. to the head , that it draweth ( we fee in this, )
the carriage of the innocent children into anv
everiafting fufpeft , and what is fufpition in

others

of I(ing Henry^ Third. 2 5

others is guilt in them: Upon the conftant fol-
lowers of his broken fortunes he bellowed,
but with a more wary hand than before, the
forfeiture of his enemies : Immoderate libe-
rality he had found but a weak means to win
love , for it loft more in the gathering, than it
gained in the giving. This bounty beftowed
without reject, was taken without grace,
difcredited the receiver, and detra&eth from
the judgement of the giver , and blunted the
appetites of fuch , as carried their hopes out
or virtue and fervice: Thus at latt , he learned cbron*
that reward and reprehenfion juftlylaid , do ®un/l0
ballance Government, and that it much im-
porteth a Prince , the hand to be equal that
holdeth the icale.

In himfeJf , he reformed his natural errours,
Princes manners , though a mute Law , have
more of life and vigour than thofe of letters,
and though he did fometimes touch upon
the verge of vice , he forbore ever after to en-
ter the circle.

His court, wherein at this time, the faults
of great men did not onely by approbation,
but Imitation receive true comfort , and au-
thority ; for their crimes now became exam-
ples, andcuftomes he purged very judicious- ^
Jyand feverely , fince from thence proceeds
either the regular or irregular condition ofl? 0Tm
the Common ftate. *\e£*

Expence of houfe he meafureth by the juft r
Rule of his proper revenew, and was heard LlauJ'
often to fay, that his excels of waft before had a*Ln* 3>
been an iiTueof his SubjeCtsbloud , the info- ~f»-
Jency of his Souldiers made lawlefs by the Ab-
late liberties of Civil arms , he fpendeth in &n^Y*

fcrreigri

26 A Short ViW of the Long %eign

forreign expedition. Having feen,that the qui-
et Spirits underwent all the former Calami-
ties , and the other never were fatisfied but in
the mifery of Innocents , and would , if they
had no enemies abroad , feck out at home , as
they had done before.
TiW$l. The rigour and corruption of his judi-
Gr. 54. cial Officers he examineth, and redreiTeth by
Hen. 3. Ariel Commiflion; For the fence of their feve-
Com- rity, became a murmureofhis own cruelty,
ment. The feats of Judgement and Councel , he
de Trail filled up with men nobly born. For luch at-
kafton. tradl with lefs offence, the generous fpirits
to refpeel and reverence. Their Abilities he
meafureth not by favour % or by Private In-
formation, as before but by publick voice, for
every man in particular may deceive and be
deceived , but no man can deceive all , nor
all one.

And to difcovernow his own Capacity,
and what pare he mcaneth to bear hereafter
in all deliberate Expeditions , he fitteth him-
fclf'm Councel dayly , and difpofcth affairs
of mott weight in his own perfon. For Coun -
ceJ lours be they never fo wife or worthy , are
but asacceffaries , not principals , in iuftenta-
of the State ; their Office muft be fubjeclion,
not feJlowfhip in confederations of moment,
and to have ability to advife, not authority
to reiolve.

For as to live , the Prince muft have a par-
ticular foul > fo to rule his proper and intern
Councel; without the one he can never be
truely man , without the other , he fhall never
be fecurely a Prince ; for it offendeth as well
the Minifter of (merit ) as the people to force

of I(ing Henry^ Third. 27

obedience to one uncapableof hisown great-
nefs, or unworthie of his fortunes. This won-
derful! change to the general State ( fo hope-
lefs lately to recover her former libertie , they
fought now for nothing but the mildeft Servi-
tude ) brought them home again with admi-
ration to his devotion,and their own dutie.

He that will lay ( wefe) the foundation o£
greatnefs upon popular love , muft give them
Eafe and Juftice, for they meafure the bond
of their obedience , by the good always that
they receive. % *.

This Peace attended, ever after, his age and Zr
hearfe, and he happily lived to fafhion his own L°*on*
Son and Succeflour^nd to make him Partner X^r°!!]
of hisown experience and authoritie ; whole *\$r™tc
own hard education training him from that
intemperance, which make men inferiour to
beads , framed him to affect gloricand virtue;
which made him fuperiour to men. So that
all the actions of his future Reign were exacl:
grounds of Discipline and Policie ; for his
beft fucccfibur to rule by after, who as he was
the fir ft of his name fince the Conqueft, fo was
he the firft that fettled the Law and State, de-
ferving the Stile of Englands Juflinkn , and
freed this Kingdom from the wardfhipof the
Peers, (hewing himfelf in all his Anions after,
capable to Command not the Realm onely,
but the whole World.

Thus do the wrongs of our Enemies more
than our own difcretions, make uslometimcs
bo:h Wife and Fortunate.

F / 2^ I S<

STRE,
IK